Legal Opinion

Middleton v. La Compagnie Generale Transatlantique

Court of Appeals for the Second Circuit

Decided February 28, 1900PublishedCited by 4 opinions

Appeal from the District Court of the United States for the Southern District of New York. This is an appeal from a decree of the district court, Southern district of New York, awarding $12,500 as damages sustained by the widow and next of kin of Robert H. Middleton, deceased. On May 14, 1898, the deceased, together with seven others, was engaged in testing cables connecting the mines in the main ship channel, harbor of New York, during the late war with Spain.

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Appeal from the District Court of the United States for the Southern District of New York. This is an appeal from a decree of the district court, Southern district of New York, awarding $12,500 as damages sustained by the widow and next of kin of Robert H. Middleton, deceased. On May 14, 1898, the deceased, together with seven others, was engaged in testing cables connecting the mines in the main ship channel, harbor of New York, during the late war with Spain. Through the mine field in this main ship channel there had been reserved a passageway for friendly vessels, 300 feet in width, known…

1Opinion of the Court

LACOMBE, Circuit Judge.

The location of the accident was a little southwest of red buoy No. 6, main channel; and the first point raised by appellant is that the statute of the state of New Jersey giving to the administrator a right of action for damages sustained by the widow and next of kin in the case of death negligently caused was of no authority at the place where such accident happened. It appears that such point was not presented to, nor argued before, the district court. Certainly there is no reference to it in the opinion of the district judge. Nevertheless it may fairly he raised…

2Cases cited2 opinions

  1. The HarrisburgSupreme Court of the United States · 1886
  2. Fort Leavenworth Railroad v. LoweSupreme Court of the United States · 1885

3Cited by4 opinions

  1. Stern v. La Compagnie Generale TransatlantiqueDistrict Court, S.D. New York · 1901
  2. United States v. Newark Meadows Imp. Co.U.S. Circuit Court for the District of Southern New York · 1909
  3. Atkinson v. State Tax CommissionOregon Supreme Court · 1936
  4. Fulton v. President of Insurance Co. of North AmericaDistrict Court, S.D. New York · 1904

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