Sherman & McCabe v. Fream
New York Supreme Court
PPEAL from a judgment entered on the verdict of a jury after a trial at the circuit. The action was brought to recover the damages sustained by the plaintiffs by reason of a collision, on the Hudson river, between the steamboat Delaware and a sloop, the cargo of which was owned by the plaintiffs. The sloop was sunk, by the collision, and the cargo of bricks lost.
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PPEAL from a judgment entered on the verdict of a jury after a trial at the circuit. The action was brought to recover the damages sustained by the plaintiffs by reason of a collision, on the Hudson river, between the steamboat Delaware and a sloop, the cargo of which was owned by the plaintiffs. The sloop was sunk, by the collision, and the cargo of bricks lost. As soon as the sloop struck, her crew, without waiting to ascertain the injury, in alarm jumped on board the steamer, and remained there. The sloop, after the desertion by her crew, remained afloat from 20 to 30 minutes before she…
1Opinion of the Court
By the Court, T. R. Strong, J.
The questions of fact in this case must, on the appeal, be regarded as settled by the verdict. Ah appeal upon the facts lies only when the trial was by the court or referees, and not when the trial was, as in this case, by jury.
I think the objection to the question to the witness McAllister was properly sustained. It was not a question in the case whether generally, in case of danger to a vessel of collision with a steamboat, which could be avoided by luffing, it would be proper for the vessel to keep her course or luff. Besides, the law determines what is proper…
2Cited by5 opinions
- The New YorkDistrict Court, E.D. New York · 1899
- Hagar v. . ClarkNew York Court of Appeals · 1879
- The OntarioDistrict Court, D. Massachusetts · 1871
- Hagar v. ClarkNew York Supreme Court · 1878
- MacY v. . WheelerNew York Court of Appeals · 1864