Lennan v. Hamburg-American Steamship Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Mary W. Lennan, as executrix, etc., of John M. Lennan, deceased, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 12th day of March, 1902, upon the dismissal of the complaint by direction of the court after a trial at the New York Trial Term.
Read the full summary
Appeal by the plaintiff, Mary W. Lennan, as executrix, etc., of John M. Lennan, deceased, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 12th day of March, 1902, upon the dismissal of the complaint by direction of the court after a trial at the New York Trial Term. The action was brought to recover for the death of plaintiff’s husband, John M. Lennan, a pilot on the pilot boat James Gordon Bennett, which was in collision with the defendant’s steamer, the Alene, off Sandy Hook on the afternoon of August IT,…
1Opinion of the Court
O’Brien, J.:
The learned trial judge dismissed the complaint upon the ground that there was evidence to prove that the accident occurred beyond the three-mile limit. There was conflicting evidence on that point. The rule is well settled that a question of fact such as this, assuming there is evidence to justify its submission to the jury, is for the jury and not for the court to determine. In other words, the court is not at liberty to take a question of fact from the jury and dismiss the complaint except where there is no evidence offered which would support a verdict or unless the facts are…
2Cases cited1 opinion
- McDonald v. Metropolitan Street Railway Co.New York Court of Appeals · 1901
3Cited by3 opinions
- Mix v. Hamburg-American Steamship Co.Appellate Division of the Supreme Court of the State of New York · 1903
- Fulton v. President of Insurance Co. of North AmericaDistrict Court, S.D. New York · 1904
- Grube v. Hamburg-American Packet Co.Appellate Division of the Supreme Court of the State of New York · 1903