Gabrielson v. . Waydell
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of Few York, entered upon an order made October 16, 1891, which affirmed an order denying a motion for a new trial, overruled defendants’ exceptions ordered to be heard in the first instance at General Term, and directed judgment upon a verdict in favor of plaintiff.
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Appeal from judgment of the General Term of the Superior Court of the city of Few York, entered upon an order made October 16, 1891, which affirmed an order denying a motion for a new trial, overruled defendants’ exceptions ordered to be heard in the first instance at General Term, and directed judgment upon a verdict in favor of plaintiff. This action was brought to recover damages against the owners and captain of a vessel upon which plaintiff had shipped as an able seaman, and while in such service, had received grave injuries. During a.voyage from the West Indies to the United States,…
1Opinion of the CourtGray, J.
The question, brought up by. this record, is whether the owners of a vessel can be made liable in damages for the willful and malicious act of their captain in assaulting and injuring a seaman while upon the high seas. The learned trial judge, in denying the motion to dismiss the complaint,, proceeded upon two grounds: namely, that the captain was the representative, or alter ego, of the owner and was not a, fellow-servant with the plaintiff; and that the willful and malicious nature of the captain’s act constituted no ground for an exception to the liability of the owners, if the act was…
2Cases cited7 opinions
- Chicago, Milwaukee & St. Paul Railway Co. v. RossSupreme Court of the United States · 1884
- Wright v. J. & S. WilcoxNew York Supreme Court · 1838
- Loughlin v. . State of New YorkNew York Court of Appeals · 1887
- Scarff v. . MetcalfNew York Court of Appeals · 1887
- Sherman v. . the Rochester and Syracuse R.R. Co.New York Court of Appeals · 1858
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- Brinkman v. Oil Transfer Corp.New York Court of Appeals · 1949
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