Legal Opinion

Netherland-American Steam Nav. Co. v. Hollander

Court of Appeals for the Second Circuit

Decided January 12, 1894No. 48PublishedCited by 8 opinions

In Error to the Circuit Court of the United States for the Southern District of New York. At Law. Action by Morris Hollander against the NetherlandAmerican Steam Navigation Company for injuries to bis minor child, brought in the supreme court of the state of New York, and removed therefrom by defendant. Verdict and judgment for plaintiff. Defendant brings error.

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In Error to the Circuit Court of the United States for the Southern District of New York. At Law. Action by Morris Hollander against the NetherlandAmerican Steam Navigation Company for injuries to bis minor child, brought in the supreme court of the state of New York, and removed therefrom by defendant. Verdict and judgment for plaintiff. Defendant brings error. In charging the jury the court said, among other things: “In assessing the value of damages, you are to take into consideration that it is only the loss to the father for which this suit is brought, and which this particular jury is…

1Opinion of the Court

WALLACE, Circuit Judge.

This is a writ of error by the defendant in the court below to review a judgment for the plaintiff rendered upon the verdict of a jury. It was proved upon the trial that the plaintiff and his daughter, the latter being of the age of about five years, were passengers on the defendant’s steamship Amsterdam, on a voyage from Rotterdam to New York, in September, 1891; that while they were walking upon the deck of the vessel an iron gate fell on the child, breaking her arm; that the plaintiff had employed a surgeon, and had taken the child to the hospital every fortnight for…

2Cases cited5 opinions

  1. Ihl v. Forty-Second Street & Grand Street Ferry RailroadNew York Court of Appeals · 1872
  2. Cuming v. . Brooklyn City R.R. Co.New York Court of Appeals · 1888
  3. Durden v. BarnettSupreme Court of Alabama · 1844
  4. Union Pac. Ry. Co. v. JonesCourt of Appeals for the Eighth Circuit · 1892
  5. Sykes v. LawlorCalifornia Supreme Court · 1874

3Cited by8 opinions

  1. Peer v. City of NewarkNew Jersey Superior Court Appellate Division · 1961
  2. Eichten Ex Rel. Eichten v. Central Minnesota Cooperative Power Ass'nSupreme Court of Minnesota · 1947
  3. Jackiewicz v. United Illuminating Co.Supreme Court of Connecticut · 1927
  4. Armentrout v. Virginian Ry. Co.District Court, S.D. West Virginia · 1947
  5. SIMMEL EX REL. SIMMEL v. New Jersey Coop Co.New Jersey Superior Court Appellate Division · 1957

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