Oceanic Steam Navigation Co. v. Compania Transatlantica Espanola
New York Court of Appeals
Appeal from judgment of tlie General Term of the Superior Court of the city of Eew York, entered upon an order made December 1, 1890, which denied plaintiffs motion for a new trial, overruled its exceptions ordered to be heard in the first instance at General Term and dismissed its complaint. The plaintiff is a British corporation engaged in running the White Star Line of steamships, and the defendant is a Spanish corporation.
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Appeal from judgment of tlie General Term of the Superior Court of the city of Eew York, entered upon an order made December 1, 1890, which denied plaintiffs motion for a new trial, overruled its exceptions ordered to be heard in the first instance at General Term and dismissed its complaint. The plaintiff is a British corporation engaged in running the White Star Line of steamships, and the defendant is a Spanish corporation. The department of docks of the city of BTew York, by an instrument in writing, for convenience called a lease “ granted,” for a period which included the years 1886 and…
1Opinion of the Court
Follett, Ch. J.
Had Cleary’s judgment been recovered in a court in this state and affirmed by a court of last resort, the right of the Oceanic Steam ¡Navigation Company (assuming that its negligence did not contribute to the accident) to recover the sums it had been compelled to pay by the judgment would hardly be questioned. There are many reported cases of recoveries of sums which persons have been compelled by judgments to pay for the neglects of others, and the general rule is that there may be a recovery had in such cases unless the parties concurred in the wrong which caused the damages.…
2Cases cited13 opinions
- Robbins v. Chicago CitySupreme Court of the United States · 1867
- Crescent City Live Stock Co. v. Batchers' Union Slaughter-House Co.Supreme Court of the United States · 1887
- Gray v. Boston Gas Light Co.Massachusetts Supreme Judicial Court · 1873
- City of Brooklyn v. . Brooklyn City R.R. Co.New York Court of Appeals · 1872
- Churchill v. HoltMassachusetts Supreme Judicial Court · 1879
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3Cited by175 opinions
- Washington Gas Light Co. v. District of ColumbiaSupreme Court of the United States · 1896
- McDermott v. City of New YorkNew York Court of Appeals · 1980
- McFall v. Compagnie Maritime Belge (Lloyd Royal) S. A.New York Court of Appeals · 1952
- Union Stock Yards Co. v. Chicago, Burlington & Quincy RailroadSupreme Court of the United States · 1905
- D'Ambrosio v. City of New YorkNew York Court of Appeals · 1982
170 more not listed; retrieve them via the Exa API.