McCaldin v. . Parke
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made May 8, 1893, which affirmed a judgment in favor of plaintiff Entered upon a verdict, and also affirmed an order denying a motion for a new trial. This action was brought to recover damages for injuries to a steamship owned by plaintiff, sustained in a collision with a rock under water while approaching defendants’ wharf.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made May 8, 1893, which affirmed a judgment in favor of plaintiff Entered upon a verdict, and also affirmed an order denying a motion for a new trial. This action was brought to recover damages for injuries to a steamship owned by plaintiff, sustained in a collision with a rock under water while approaching defendants’ wharf. The facts, so far as material, are stated in the opinion. The accident did not occur in an approach to the berth. It should have been so ruled by the…
1Opinion of the CourtEael, J.
The defendants owned a wharf at Hunters Point in the East river, near New York, in April, 188Y, and the plaintiff’s vessel struck a rock in the bottom of the river, about seventy feet from the wharf, while approaching the wharf with a cargo of lumber consigned to the defendants, and she sustained damage for which this action was brought. Hpon the first trial of the action there was judgment of non-suit, which upon appeal was reversed. (66 Hun, 323.) Hpon the second trial the plaintiff recovered judgment, which has been affirmed, and which is now brought under review.
The defendants chartered…
2Cases cited3 opinions
- Hubbell v. . City of YonkersNew York Court of Appeals · 1887
- Vroman v. . RogersNew York Court of Appeals · 1892
- McCaldin v. ParkeNew York Supreme Court · 1892
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