Legal Opinion

Bell v. New Jersey Steamboat Co.

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1900PublishedCited by 1 opinion

Appeal by the defendant, the New Jersey Steamboat Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Greene on the 27th day of November, 1899, upon the verdict of a jury, and also from so much of an order entered in said clerk’s office on the 24th day of November, 1899, as denied the defendant’s motion for a new trial made Upon the minutes. ' This appeal was transferred from the third department to the…

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Appeal by the defendant, the New Jersey Steamboat Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Greene on the 27th day of November, 1899, upon the verdict of a jury, and also from so much of an order entered in said clerk’s office on the 24th day of November, 1899, as denied the defendant’s motion for a new trial made Upon the minutes. ' This appeal was transferred from the third department to the second department.

1Opinion of the Court

Goodrich, P. J.:

The plaintiff’s canal boat, Dema and Willie, laden with 255 tons of molding sand, sank during the evening of May 5, 1898, while moored at a dock at Ooxsackie on the Hudson river. The plaintiff alleges that the defendant’s servants, who were in charge of the steamboat Adirondack, “negligently,"carelessly .and unskilfully” navigated the steamboat “ in approaching and passing too close ” to the canal boat “at too great speed,” so that the canal boat was “ forced and driven against said dock with great violence by the suction and swells caused by said steamboat,” and crushed so…

2Cases cited2 opinions

  1. The AlleghanySupreme Court of the United States · 1870
  2. The Daniel DrewU.S. Circuit Court for the District of Eastern New York · 1876

3Cited by1 opinion

  1. In re the Estate of MarkowitzNew York Surrogate's Court · 1934

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