India Wharf Brewing Co. v. Brooklyn Wharf & Warehouse Co.
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered March 13, 1901, reversing a judgment in favor of plaintiff entered upon a decision of the court on trial at Snecial Term and granting a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The appeal involves only questions of law. (Otten v. M. Ry.
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Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered March 13, 1901, reversing a judgment in favor of plaintiff entered upon a decision of the court on trial at Snecial Term and granting a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The appeal involves only questions of law. (Otten v. M. Ry. Co., 150 N. Y. 395; Hirshfield v. Fitzgerald, 157 N. Y. 166; Griggs v. Day, 158 N. Y. 1.) The cause is one of equitable cognizance. (Williams v. N. Y. C. R. R. Co., 16 N. Y. 97; Milhau v. Sharp,…
1Opinion of the CourtO’Brien, J.
The plaintiff recovered a judgment at the trial for the relief demanded, but it was reversed upon appeal on the law and the facts, and, hence, if the judgment involved any questions of fact the case is not re viewable in this court. It is re viewable, however, if . only questions of law are involved and there is no dispute about facts or inferences of fact. The controversy involves the mutual rights, duties and obligations of the parties to this action in and to the Atlantic Basin, an artificial harbor which for commercial purposes furnishes access to the sea for the warehouses and commercial…
2Cases cited2 opinions
- Lord v. . AtkinsNew York Court of Appeals · 1893
- Haight v. . LittlefieldNew York Court of Appeals · 1895
3Cited by1 opinion
- New York Dock Co. v. India Wharf Brewing Co.Appellate Division of the Supreme Court of the State of New York · 1908