Blanchard v. Western Union Telegraph Co.
New York Court of Appeals
Appeal from order of General Term of the Supreme Court in the third judicial department, reversing a judgment in favor of plaintiffs entered upon a decision of the court, upon trial without a jury, and granting a new trial.
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Appeal from order of General Term of the Supreme Court in the third judicial department, reversing a judgment in favor of plaintiffs entered upon a decision of the court, upon trial without a jury, and granting a new trial. This was an action brought by the plaintiffs, as joint owners of the steam towboat W. E. Cheney, to recover damages, caused by said boat running foul of a telegraph cable belonging to the defendant, at the draw in the upper Albany bridge, on the 14th day of September, 1869. The boat was built in 1863, and the plaintiffs purchased her in 1868, from which time to the time of…
1Opinion of the CourtAllen, J.
The judgment at Special Term is well vindicated and sustained, by the very, satisfactory dissenting opinion of Judge Bocees, in the Supreme Court. His review of the evidence and statement of the law leaves but little, if any thing, that need be said in favor of a reversal of the order granting a new trial, and affirming the original judgment for the plaintiffs. The rights of the plaintiffs and the defendant to the occupation and use of the Hudson river, for the business in which they were respectively engaged, were not the same, or to be judged by the same rules, although within certain…
2Cases cited3 opinions
- The People v. . VanderbiltNew York Court of Appeals · 1863
- Albany Bridge CaseSupreme Court of the United States · 1865
- People v. VanderbiltNew York Supreme Court · 1862
3Cited by2 opinions
- Browne v. BrowneSupreme Court of Florida · 1880
- Duke v. StorySupreme Court of Georgia · 1902