Starbuck v. Phenix Insurance
Appellate Division of the Supreme Court of the State of New York
. Motion by the plaintiffs, Matilda E. Starbuck and another, as executors, etc., of William H. Starbuck, deceased, for a new trial upon a case containing exceptions, ordered to be heard at the Appellate Division in the first instance upon the dismissal of their com■plaint by. direction of the court, after a trial at the New York Triail Term. . Upon a former trial of this action the plaintiffs recovered a verdict against the defendant .'for the amount claimed.
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. Motion by the plaintiffs, Matilda E. Starbuck and another, as executors, etc., of William H. Starbuck, deceased, for a new trial upon a case containing exceptions, ordered to be heard at the Appellate Division in the first instance upon the dismissal of their com■plaint by. direction of the court, after a trial at the New York Triail Term. . Upon a former trial of this action the plaintiffs recovered a verdict against the defendant .'for the amount claimed. From the judgment entered upon such verdict the defendant appealed to this court, . where the judgment was reversed and a new trial…
1Opinion of the Court
O’Brieh, J.:
Unless there is a substantial difference between the proof adduced upon this trial and upon the former, where a reversal was ordered by this court for the reasons stated in the opinion, it was error to dismiss the complaint.” Upon the first question, as to whether the vessel was seaworthy, it is insisted by the defendant that the difference in the testimony now adduced consists in a showing that there were no scuppers or pipes or connection between the starboard mid-ship alleyway, into which the water came through the deadlight, and *141any other part of the vessel where the ship’s…
2Cases cited1 opinion
- Hazard's Administrator v. New England Marine InsuranceSupreme Court of the United States · 1834
3Cited by6 opinions
- Lipshitz v. New Zealand InsuranceCourt of Appeals of Georgia · 1926
- Land v. Franklin Nat. Ins. Co. of NYSupreme Court of South Carolina · 1954
- Dwyer v. Providence Washington InsuranceCourt of Appeals of Georgia · 1957
- Starbuck v. Phenix InsuranceAppellate Division of the Supreme Court of the State of New York · 1898
- Starbuck v. Phenix InsuranceAppellate Division of the Supreme Court of the State of New York · 1900
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