Williams v. Hays
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, William Hays, from • a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of tire county , of New York on the 11th day of November, 1895,. upon the verdict of a jury rendered by direction of the court after a trial at the New York Circuit, and also from an order entered in said clerk’s office on the 18th day of November, 1895, denying the defendant’s motion for a new trial made upon the minutes.
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Appeal by the defendant, William Hays, from • a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of tire county , of New York on the 11th day of November, 1895,. upon the verdict of a jury rendered by direction of the court after a trial at the New York Circuit, and also from an order entered in said clerk’s office on the 18th day of November, 1895, denying the defendant’s motion for a new trial made upon the minutes. This action was brought by the plaintiff, the assignee of the Phoenix Insurance Company, to recover moneys paid by the said insurance…
1Opinion of the Court
Ingraham, J. :
This case presents questions about which there has been quite a conflict of judicial opinion. The main question, however, has been settled by the Court of Appeals on a former appeal to that court. (See 143 U. Y. 442.) The evidence appears to have been substantially the same upon the last trial as it was when the case was before the Court of Appeals, and by the judgment there but one question was left open, and that was whether or not the defendant would be liable if he had become insane solely in consequence of his efforts to save the vessel during the voyage, the court saying:…
2Cited by1 opinion
- Mitchell v. AndersonNew York Supreme Court · 1900