Buchholz-Hill Transportation Co. v. Baxter
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, John F. Baxter, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Nassau on the 24th day of March, 1910, upon the verdict of a jury for $5,579.52, rendered by direction of the court, certain questions having theretofore been submitted to the jury, and also from an order entered in said clerk’s office on the 7th day of April, 1910, denying the defendant’s motion for a new trial made…
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Appeal by the defendant, John F. Baxter, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Nassau on the 24th day of March, 1910, upon the verdict of a jury for $5,579.52, rendered by direction of the court, certain questions having theretofore been submitted to the jury, and also from an order entered in said clerk’s office on the 7th day of April, 1910, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Thomas, J.:
The plaintiff’s barge Macy was sunk in the North river on February 12, 1907, and on February fourteenth the tug Hiawatha collided with the wreck, whereupon, to 'recover damages for the injury, her owners libeled the Macy in the District Court for the Southern District of New York for negligent failure to mark immediately the place where the Macy sank, in the manner prescribed by the Federal statute. (Act of March 3, 1899 [30 U. S. Stat. at Large, 1152], § 15.) The plaintiff here, respondent there, pursuant to the 59th rule in Admiralty, brought in Baxter, the present defendant,…
2Cases cited1 opinion
- The MacyCourt of Appeals for the Second Circuit · 1909
3Cited by2 opinions
- Atlantic Coast Realty Co. v. Robertson'sSupreme Court of Virginia · 1923
- Baxter v. Buchholz-Hill Transportation Co.Supreme Court of the United States · 1913