Mailler v. . Express Propeller Line
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department affirming a judgment entered for plaintiff upon the report of a referee. This action was brought to recover damages resulting from a collision which occurred between the plaintiff’s sloop Illinois and the propeller John Taylor, owned by defendant, on the 23d day of July, 1868, in the Hudson river.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial department affirming a judgment entered for plaintiff upon the report of a referee. This action was brought to recover damages resulting from a collision which occurred between the plaintiff’s sloop Illinois and the propeller John Taylor, owned by defendant, on the 23d day of July, 1868, in the Hudson river. The referee found that the collision occurred about ten and a half o’clock in the night, in that part of the river called the Race, about sixteen miles southward of the city,of Hew-burgh; that the wind,…
1Opinion of the Court
Earl, C.
The learned counsel for the appellant does not question the report of the referee so far as he found the facts, but claims that the facts found do not sustain the conclusions of law.
In reviewing a judgment entered upon the report of a referee, we must not only take all the facts found, “but such other facts as the referee may properly have found upon evidence tending to establish them. We must in this case give some force to the finding of fact that defendant’s servants were guilty of negligence in the management of the propeller. There was certainly no conclusive evidence that…
2Cases cited4 opinions
- The CarrollSupreme Court of the United States · 1869
- The FannieSupreme Court of the United States · 1871
- Parrott v. . Knickerbocker and N.Y. Ice Cos.New York Court of Appeals · 1871
- The LucilleSupreme Court of the United States · 1873
3Cited by10 opinions
- Houston & T. C. R'y Co. v. JacksonTexas Supreme Court · 1884
- Frazer v. Bigelow Carpet Co.Massachusetts Supreme Judicial Court · 1886
- Kendrick v. TowleMichigan Supreme Court · 1886
- Onondaga County Savings Bank v. United StatesCourt of Appeals for the Second Circuit · 1894
- Missouri River Packet Co. v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1883
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