Clark v. Iceland Steamship Co.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtMcNally, J.
In this action to recover damages for the death and injuries of the plaintiff’s intestate, defendant-appellant appeals from a judgment entered on a total verdict of $77,500 — $58,500 in the cause of action for death, and $19,000 in the cause of action for personal injuries. We conclude that the admission of opinion evidence and the failure to charge on a material element of liability constitute prejudicial error and require reversal.
The complaint and bill of particulars allege that the defendant-appellant’s ship was unseaworthy and that appellant failed to furnish plaintiff’s intestate a safe…
2Cases cited38 opinions
- Mahnich v. Southern Steamship Co.Supreme Court of the United States · 1944
- Baltimore & Ohio Railroad v. BaughSupreme Court of the United States · 1893
- Atlantic Transport Co. of W. Va. v. ImbrovekSupreme Court of the United States · 1914
- Meiselman v. Crown Heights Hospital, Inc.New York Court of Appeals · 1941
- Dougherty v. . MillikenNew York Court of Appeals · 1900
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3Cited by6 opinions
- Cunningham v. Rederiet Vindeggen A/SCourt of Appeals for the Second Circuit · 1964
- Weed v. BilbreyDistrict Court of Appeal of Florida · 1967
- Fingerhut v. Kralyn Enterprises, Inc.New York Supreme Court · 1971
- Hornsby v. Fishmeal CompanyDistrict Court, W.D. Louisiana · 1968
- Cunningham v. Rederiet Vindeggen A/S & M/S TrolleggenCourt of Appeals for the Second Circuit · 1964
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