Legal Opinion

Geoghegan v. Atlas Steamship Co.

New York Court of Common Pleas

Decided April 3, 1893PublishedCited by 13 opinions

Appeal from trial term. Action by Susan Geoghegan, as administratrix of John M. Geoghegan, deceased, against the Atlas Steamship Company, for causing the death of deceased. From a judgment entered on a verdict in favor of plaintiff, and an order denying a new trial, defendant appeals. For appeal from order denying a motion for a commission to take-depositions, see 10 1ST. Y. Supp. 121.

1Opinion of the CourtPryor, J.

The action is by an administratrix for damages from the death of her intestate, who, by the alleged negligence of the defendant, fell overboard from its steamer, a British vessel, in the bay of Savanilla, United States of- Colombia. That the actionable quality of an alleged wrong depends upon and is determined by the municipal law of the place of the transaction; that in a suit here, proceeding upon an alleged wrong committed abroad, the court, in the absence of evidence to the contrary, will presume the coinmon law to be the law of the locality; thát if, by the principles of the common law,…

2Cases cited20 opinions

  1. Manchester v. MassachusettsSupreme Court of the United States · 1891
  2. Devlin v. . SmithNew York Court of Appeals · 1882
  3. Whitford v. . the Panama Railroad CompanyNew York Court of Appeals · 1861
  4. Crispin v. . BabbittNew York Court of Appeals · 1880
  5. Wildenhus's CaseSupreme Court of the United States · 1887

15 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. Southern Indiana Railway Co. v. HarrellIndiana Supreme Court · 1903
  2. Heredia v. DaviesCourt of Appeals for the Fourth Circuit · 1926
  3. Petersen v. The LamingtonDistrict Court, E.D. New York · 1898
  4. Marie Rowe, Walter H. Rowe, Fernn v. Rowe and Henry C. Rowe v. Pennsylvania Greyhound Lines, Inc.Court of Appeals for the Second Circuit · 1956
  5. Connolly v. MaurerNew York Court of Common Pleas · 1893

8 more not listed; retrieve them via the Exa API.

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