Cooper v. . Eastern Transportation Company
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, affirming a judgment in favor of plaintiff, entered upon a verdict. This action was brought by plaintiff, as administrator of Mary Cooper, to recover damages for the death of his intestate, alleged to have been occasioned by defendant’s negligence.
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Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, affirming a judgment in favor of plaintiff, entered upon a verdict. This action was brought by plaintiff, as administrator of Mary Cooper, to recover damages for the death of his intestate, alleged to have been occasioned by defendant’s negligence. Defendant, The Eastern Transportation Company, was owner of the steam-tug U. 8. Grant which, on the night of October ninth, was proceeding down the Hudson river, in New York harbor, with four canal boats hi tow, of one of which plaintiff was the…
1Opinion of the Court
Church, Ch. J.
I am not prepared to assent to the construction put upon the charge by the learned counsel for the appellant, that the rules of navigation prescribed by, and made in pursuance of Federal laws had a different application and force as to the two steamers, from what they should have between the plaintiff and the two steamers; that is, that there was a difference in the sense claimed. I think the learned" judge intended only to instruct the jury that in a contest between the two steamers, one of them might be precluded by way of estoppel from insisting upon negligence in the other…
2Cited by16 opinions
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- Carron v. AbounadorNew Mexico Supreme Court · 1923
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