Vanderbilt v. . the Richmond Turnpike Company
New York Court of Appeals
Action on the case, brought by Vanderbilt against the Richmond Turnpike Company, in the superior court of the city of New-York, tried before Sandford, J. in December, 1847. The case was this: The “Wave” and the “Samson” were rival steamboats, employed in the business of carrying passengers from New-York to Staten Island; the former boat being owned by the plaintiff, the latter by the defendants, a corporation.
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Action on the case, brought by Vanderbilt against the Richmond Turnpike Company, in the superior court of the city of New-York, tried before Sandford, J. in December, 1847. The case was this: The “Wave” and the “Samson” were rival steamboats, employed in the business of carrying passengers from New-York to Staten Island; the former boat being owned by the plaintiff, the latter by the defendants, a corporation. In September, 1838, the “ Wave” left the pier at New-York, heavily laden with passengers. The “ Samson” followed a few moments after, and on overtaking the “ Wave,” ran directly into…
1Opinion of the CourtCady, J.
The injury of which the plaintiff complained, was occasioned by the wilful act of Captain -Braisted, who had charge of the defendants’ boat, the Samson; and for such act, the supreme court held the defendants were not liable. (1 Hill 480.) It was proved on the last trial, that Mr. Oroondates Mauran was president of the said company, and one of the principal stockholders, and had the control and management of the business of the company as general agent. It was also proved, that before the injury complained of was done, Captain Braisted told Mr. Mauran, that the plaintiff’s boat, the Wave, had…
2Cases cited1 opinion
- Wright v. J. & S. WilcoxNew York Supreme Court · 1838
3Cited by11 opinions
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- Crelly v. Missouri & Kansas Telephone Co.Supreme Court of Kansas · 1911
- Costich v. City of RochesterAppellate Division of the Supreme Court of the State of New York · 1902
- New Orleans, Jackson & Great Northern Railroad v. HarrisonMississippi Supreme Court · 1873
- Wood v. Detroit City Street Railway Co.Michigan Supreme Court · 1884
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