Dougan v. The Champlain Transportation Company
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department, affirming judgment in favor of defendant entered upon a nonsuit. ordered at circuit. (Reported below, on first trial, 6 Lansing, 430.) This action was brought to recover damages for the death of plaintiff’s testator, John Dougan, alleged to have been occasioned by defendant’s negligence. The facts appear sufficiently in the opinion.
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Appeal from judgment of the General Term of the Supreme Court in the third judicial department, affirming judgment in favor of defendant entered upon a nonsuit. ordered at circuit. (Reported below, on first trial, 6 Lansing, 430.) This action was brought to recover damages for the death of plaintiff’s testator, John Dougan, alleged to have been occasioned by defendant’s negligence. The facts appear sufficiently in the opinion. The evidence authorized a finding that defendant’s negligence caused the accident. (Simpson v. Lond. G. O. Co., L. R. [8 C. P.], 390 ; Gee v. Met. Railway, L. R. [8 Q.…
1Opinion of the CourtGrover, J.
The counsel for the defendant insists that the courts of this State have no jurisdiction of the cause of action relied upon by the plaintiff. That is, causing the death of the intestate by negligence, while a passenger on its boat, navigating the waters of Lake Champlain between Plattsburgh and Whitehall, receiving and landing passengers and freight at various intermediate ports in this and the State of Vermont, while within this State.
The ground upon which the want of jurisdiction is claimed is, that the injury is a maritime tort, and therefore the case comes within the admiralty,…
2Cases cited1 opinion
- Bird v. the Steamboat JosephineNew York Court of Appeals · 1868
3Cited by4 opinions
- Assets Realization Co. v. . HowardNew York Court of Appeals · 1914
- Appeal of S. O. HoughtonCalifornia Supreme Court · 1871
- Hill v. GrigsbyCalifornia Supreme Court · 1868
- Rochester & L. O. Water Co. v. City of RochesterAppellate Division of the Supreme Court of the State of New York · 1903