Parrott v. . Knickerbocker and N.Y. Ice Cos.
New York Court of Appeals
Appeal from an order of the General Term of the Superior Court of the city of Hew York, reversing a judgment in favor of the plaintiff, entered upon the report of a referee, and granting a new trial, on questions of fact as well as of law. The action was brought to recover damages caused by a collision between the sloop Westchester, owned by the plaintiff, and the steam propeller Armenia, owned by the defendants.
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Appeal from an order of the General Term of the Superior Court of the city of Hew York, reversing a judgment in favor of the plaintiff, entered upon the report of a referee, and granting a new trial, on questions of fact as well as of law. The action was brought to recover damages caused by a collision between the sloop Westchester, owned by the plaintiff, and the steam propeller Armenia, owned by the defendants. The collision occurred on the 14th of Hovember, 1865, at about two o’clock a. m., in Haverstraw bay, on the Hudson river. The sloop had left Cold Spring for Hew York on the afternoon…
1Opinion of the CourtRapadlo, J.
The principal fact in controversy upon the trial was, whether at the time of the collision, the sloop was drifting down the river with the tide, as described by the plaintiff’s witnesses, without wind sufficient to give her steerage way, or whether, as the defendants’ witnesses testify, she was sailing with a good breeze, on a course which would have carried her to the eastward of the steamer, and when within a few yards’ distance, voluntarily changed her course so as to throw herself athwart the bow of the steamer. It being stated in the order appealed from, that the new trial was granted on…
2Cases cited2 opinions
- Walrath v. Redfield.New York Court of Appeals · 1858
- Ward v. The FashionDistrict Court, D. Michigan · 1854
3Cited by28 opinions
- Wickham Contracting Co., Inc., Ralph Perone v. Local Union No. 3, International Brotherhood of Electrical Workers, Afl-CioCourt of Appeals for the Second Circuit · 1992
- Jacksonville, Tampa & Key West Railway Co. v. Peninsular Land, Transportation & Manufacturing Co.Supreme Court of Florida · 1891
- Flamm v. NobleNew York Court of Appeals · 1947
- Houston & T. C. R'y Co. v. JacksonTexas Supreme Court · 1884
- Atlanta & Birmingham A. L. Ry. v. BrownSupreme Court of Alabama · 1908
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