Barber v. . Abendroth Bros.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made the first Monday of November, 1884, which affirmed a judgment in favor of plaintiff entered upon a verdict, and affirmed an order denying a motion for a new trial. "This action was brought to recover damages for injuries to plaintiff’s canal boat, alleged to have been caused by defendant’s negligence. The material facts appear in the opinion.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made the first Monday of November, 1884, which affirmed a judgment in favor of plaintiff entered upon a verdict, and affirmed an order denying a motion for a new trial. "This action was brought to recover damages for injuries to plaintiff’s canal boat, alleged to have been caused by defendant’s negligence. The material facts appear in the opinion. In order to charge a defendant with negligence in such a case it is necessary that the defect should be such that its existence…
1Opinion of the CourtBapallo, J.
The plaintiff was lawfully using the defendant’s dock at the time of the injury complained of. The defendant is a corporation and owned the dock, which was opposite its foundry and was about three hundred feet long. It had contracted for a cargo of sand to be shipped to it, and to be delivered at the dock in question. The sand was shipped on the canal boat “ George A. Bennett,” owned by the plaintiff and consigned to the defendant, deliverable along side of its dock at Port Chester, 1ST. T. The boat with its cargo arrived at the mouth of the Byram river on the 25th of August, 1881, at between…
2Cases cited3 opinions
- Carleton v. Franconia Iron & Steel Co.Massachusetts Supreme Judicial Court · 1868
- Sawyer v. OakmanU.S. Circuit Court for the District of Southern New York · 1870
- Sawyer v. OakmanDistrict Court, D. Massachusetts · 1867
3Cited by10 opinions
- Smith v. BurnettSupreme Court of the United States · 1899
- The EastchesterCourt of Appeals for the Second Circuit · 1927
- Newall v. . BartlettNew York Court of Appeals · 1889
- Garfield & Proctor Coal Co. v. Rockland-Rockport Lime Co.Massachusetts Supreme Judicial Court · 1903
- Hartford & N. Y. Transp. Co. v. HughesDistrict Court, S.D. New York · 1903
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