Legal Opinion

Miller v. Ocean Steamship Co. of Savannah

New York Court of Appeals

Decided January 14, 1890PublishedCited by 15 opinions

Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made March 2,1887, which affirmed a judgment in favor of the plaintiff, entered upon a verdict. The nature of the action and the facts are sufficiently stated in the opinion. It was error to deny tin* motions to dismiss the complaint made by the defendant aftee the close of the plaintiff’s case, and also after all the testimony was in.

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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made March 2,1887, which affirmed a judgment in favor of the plaintiff, entered upon a verdict. The nature of the action and the facts are sufficiently stated in the opinion. It was error to deny tin* motions to dismiss the complaint made by the defendant aftee the close of the plaintiff’s case, and also after all the testimony was in. (Breen v. N. Y. C. & H. R. R. R. Co., 109 N. Y. 297; Lafflin v. B. & S. M. R. R. Co., 106 id. 136; Kelly v. M. R. R. Co., 112 id. 443.) The…

1Opinion of the CourtBradley, J.

The action was brought to recover damages-resulting from personal injuries suffered by the plaintiff, and alleged to have been occasioned by the negligence of the defendant. The latter was a corporation of the state of Georgia, and,, as a common carrier of passengers, was the proprietor of and engaged in running a steamship, known as the City of Savannah,, between the cities of New York and Savannah.

On March 10th, 1885, the plaintiff took passage at New York, for Savannah, on that vessel, which arrived at the latter place on the morning of the thirteenth of that month. The plaintiff was on…

2Cases cited2 opinions

  1. Kelly v. Manhattan Railway Co.New York Court of Appeals · 1889
  2. Holbrook v. . the Utica and Schenectady Railroad Co.New York Court of Appeals · 1855

3Cited by15 opinions

  1. New York, Chicago & St. Louis Railroad v. BlumenthalIllinois Supreme Court · 1895
  2. Bolm v. Triumph Corp.Appellate Division of the Supreme Court of the State of New York · 1979
  3. Hamilton v. Great Falls Street Railway Co.Montana Supreme Court · 1895
  4. Osgood v. Los Angeles Traction Co.California Supreme Court · 1902
  5. McGrell v. Buffalo Office Building Co.New York Court of Appeals · 1897

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