Percival v. Hickey
New York Supreme Court
THIS was an action of/respass,forrunning down the vessel of the defendant at sea, tried before Mr. Justice Yales, . m, . at the New~York Sittings, in April, 1819. ihe testimony ... . , , , .1-1 mi of the witnesses given at the trial was contradictory, ice following are the material facts in the case : The defendant was commander of the British sloop of war Atalanta, cruising in company with the Cleopatra, captain Pe-chell, his senior officer.
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THIS was an action of/respass,forrunning down the vessel of the defendant at sea, tried before Mr. Justice Yales, . m, . at the New~York Sittings, in April, 1819. ihe testimony ... . , , , .1-1 mi of the witnesses given at the trial was contradictory, ice following are the material facts in the case : The defendant was commander of the British sloop of war Atalanta, cruising in company with the Cleopatra, captain Pe-chell, his senior officer. On the 2d of May, 1810, in lati-7 ° tude about 32 degrees north, and longitude 33 degrees west, about noon,a signal was given for the chase of a vessel…
1Opinion of the Court
Spencer, Ch. J.
The verdict of the jury was for the plaintiff; and agreeably to an intimation from the judge, that if they found for the plaintiff, they should state thq grounds of their verdict, they added, that the disaster mas the result of gross negligence in the defendant. Among the *284points taken, on the motion for a new trial, it has beenstre-tlU0US]y urge¿ by the defendant’s counsel, that the action should have been case and not trespass. This point is open 10 defendant; because in the progress of the trial, a motion was made for a nonsuit, after the plaintiff had gone' through with his…
2Cited by28 opinions
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- Evey v. Mexican Cent. Ry. Co.Court of Appeals for the Fifth Circuit · 1897
- Kalleck v. DeeringMassachusetts Supreme Judicial Court · 1894
- Catlin v. Springfield Fire Ins.U.S. Circuit Court for the District of Massachusetts · 1833
- Braithwaite v. JordanNorth Dakota Supreme Court · 1895
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