McDonald v. . Mallory
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of New York, in favor of defendants, entered upon an order affirming an order of Special Term, which sustained a demurrer to plaintiff's complaint. This action was brought by plaintiff as administratrix of Charles McDonald, ■ deceased, to recover damages for his death.
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Appeal from judgment of the General Term of the Superior Court of the city of New York, in favor of defendants, entered upon an order affirming an order of Special Term, which sustained a demurrer to plaintiff's complaint. This action was brought by plaintiff as administratrix of Charles McDonald, ■ deceased, to recover damages for his death. The complaint alleged, in substance, the ownership of the steamer “ City of Waco " by the defendants, and its employment as a freight and passenger vessel trading between the city of New York and the city of Galveston, in the State of Texas; that…
1Opinion of the CourtRapadlo, J.
For the purposes of .this appeal the wrongful act or neglect causing the death of the plaintiff’s intestate must be treated as having been committed upon the high seas. The complaint does not specifically allege that the disaster was caused by the unlawful or negligent lading of the petroleum on board of the vessel in the port of New York, and consequently the question whether that fact, if alleged, would establish that the wrong complained of was committed within the territorial bounds of this State, need not be considered.
We shall therefore come directly to the principal point argued, which…
2Cases cited6 opinions
- SHERLOCK v. Alling, AdmInistratorSupreme Court of the United States · 1876
- Whitford v. . the Panama Railroad CompanyNew York Court of Appeals · 1861
- Steamboat Co. v. ChaseSupreme Court of the United States · 1873
- Crapo v. KellySupreme Court of the United States · 1873
- Kelly v. . CrapoNew York Court of Appeals · 1871
1 more not listed; retrieve them via the Exa API.
3Cited by54 opinions
- Loucks v. . Standard Oil Co.New York Court of Appeals · 1918
- The HamiltonSupreme Court of the United States · 1907
- Kilberg v. Northeast Airlines, Inc.New York Court of Appeals · 1961
- Matter of Post v. . Burger GohlkeNew York Court of Appeals · 1916
- Casey v. Manson Construction & Engineering Co.Oregon Supreme Court · 1967
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