Williams v. . Hays
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered March 18, 1896, affirming a judgment in favor of the plaintiff entered upon a verdict directed by the court. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered March 18, 1896, affirming a judgment in favor of the plaintiff entered upon a verdict directed by the court. The nature of the action and the facts, so far as material, are stated in the opinion. If defendant’s condition was solely in consequence of his efforts to save the vessel during the storm, such disability would be a defense to the claim of the plaintiff in this action. (143 N. Y. 443.) There was no legal evidence that the master was sailing the vessel on shares. (Hooper v.…
1Opinion of the CourtHaight, J.
This action was brought by the plaintiff, as assignee of the Phoenix Insurance- Company, to recover the amount of insurance paid by the company to Parsons and Loud under a policy of insurance issued to them as the owners of one-sixteenth of the brig t: Emily T. Sheldon.”
The brig had been wrecked on Peaked Hill bar on Cape Cod near Provincetown, Mass., and it is alleged that the loss occurred through the negligence of the defendant, who was the master and part owner of the brig, and who commanded her at the time of the loss.
The plaintiff claims the right to recover in this action upon the…
2Cases cited1 opinion
- Williams v. . HaysNew York Court of Appeals · 1894
3Cited by5 opinions
- Bushnell v. BushnellSupreme Court of Connecticut · 1925
- Central of Georgia Railway Co. v. HallSupreme Court of Georgia · 1905
- Nehalem S. S. Co. v. Aktieselskabet AggiCourt of Appeals for the Ninth Circuit · 1922
- Sforza v.Green Bus Lines, Inc.City of New York Municipal Court · 1934
- Wheat v. Van Dyne Oil Co.New York Supreme Court · 1941