Kennedy v. . Ryall
New York Court of Appeals
■ Appeal from order of the General Term of the Superior Court of the city of New York reversing a judgment in favor of defendant, entered upon an order dismissing plaintiff’s complaint on trial, and granting a new trial. This action was brought to recover damages for the alleged negligence of defendant, causing the death of plaintiff’s intestate. The plaintiff left London, England, in July, 1870, and since the twenty-seventh of that month has resided in the city of New York.
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■ Appeal from order of the General Term of the Superior Court of the city of New York reversing a judgment in favor of defendant, entered upon an order dismissing plaintiff’s complaint on trial, and granting a new trial. This action was brought to recover damages for the alleged negligence of defendant, causing the death of plaintiff’s intestate. The plaintiff left London, England, in July, 1870, and since the twenty-seventh of that month has resided in the city of New York. On the 2d of March, 1871, his wife and his two children, one being the deceased, an infant four years and nine months…
1Opinion of the Court
Miller J.
The question how far a master of a vessel is answerable for damages arising by reason of the neghgence of those employed under him, hes at the foundation of this action.
The testimony upon the trial establishes that the steamship of which the defendant was in command was fumigated under the directions of the deputy health officer of the port of New York, who, by statute, has full authority for that purpose. By his order it devolved upon the chief steward to clear the passengers from the steerage and keep them away from the effect of the dangerous substance employed. The utensils,…
2Cases cited2 opinions
- Crawford v. WilsonNew York Supreme Court · 1848
- Heidenbach v. SchlandNew York Supreme Court · 1854
3Cited by34 opinions
- Lámar v. MicouSupreme Court of the United States · 1884
- McConnell v. WilliamsSupreme Court of Pennsylvania · 1949
- Carpenter v. CarpenterSupreme Court of Kansas · 1883
- State v. SnyderSupreme Court of Missouri · 1904
- In Re Proving the Will of DaggettNew York Court of Appeals · 1931
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