Seaman v. Mayor, Aldermen & Commonalty
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court,' in the first judicial department, affirming a judgment in favor of defendant, entered upon an order dismissing plaintiff's complaint, on trial. The nature of the action, and the material facts, are set' forth in the opinion. Defendant being the owner of the pier, and in possession, was bound to see to it that it was kept in proper condition and repair. (1 Dillon on Mun.
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Appeal from judgment of the General Term of the Supreme Court,' in the first judicial department, affirming a judgment in favor of defendant, entered upon an order dismissing plaintiff's complaint, on trial. The nature of the action, and the material facts, are set' forth in the opinion. Defendant being the owner of the pier, and in possession, was bound to see to it that it was kept in proper condition and repair. (1 Dillon on Mun. Corps., § 77; Buckbee v. Brown, 21 Wend., 116; Pittsburg v. Grier, 22 Pa., 64; Memphis v. Kimbrough, 12 Heisk, 133, 138; Petersburgh v. Applegarth, 28 Gratt.,…
1Opinion of the CourtEarl, J.
This action was brought to recover damages sustained by the plaintiff in consequence of a collision of his steam tug with some spiles in front of pier 27o. 46, on the Hudson river side of 27ew York. The facts of the case are substantially as follows: The plaintiff was engaged with his tug in the business of towing vessels in and about the harbor of 27ew York, and on the 2d day of September, 1864, as the tug was passing pier 27o. 46, at a speed of seven or eight miles an hour, she was suddenly disabled by her propeller coming in contact with some spiles which had fallen away from the end of…
2Cases cited2 opinions
- Losee v. . BuchananNew York Court of Appeals · 1873
- Todd v. . City of TroyNew York Court of Appeals · 1875
3Cited by9 opinions
- Goldstein v. County of MonroeAppellate Division of the Supreme Court of the State of New York · 1980
- O'Donnell v. . City of SyracuseNew York Court of Appeals · 1906
- Office Park Corp. v. County of OnondagaAppellate Division of the Supreme Court of the State of New York · 1978
- Coonley v. . City of AlbanyNew York Court of Appeals · 1892
- Faust v. City of ClevelandCourt of Appeals for the Sixth Circuit · 1903
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