Legal Opinion
Beer v. Clyde Steamship Co.
Appellate Division of the Supreme Court of the State of New York
Decided March 27, 1925PublishedCited by 5 opinions
1Opinion of the Court
Martin, J.:
The plaintiff’s intestate, Adolph Beer, was first mate ■ of the steamship Inca. His death is alleged to have been caused by an explosion of gunpowder on that vessel while her cargo was being unloaded at San Pedro de Macoris, a port in the Dominican Republic.
At the conclusion of the testimony the trial justice, just before the summation and charge, permitted an amendment of the complaint purporting to conform the pleadings to the proof adduced. This was over defendant’s objection, counsel asserting surprise and requesting an adjournment for the purpose of further preparation.
The…
2Cases cited8 opinions
- Southwick v. First National Bank of MemphisNew York Court of Appeals · 1881
- Walrath v. . Hanover Fire Ins. Co.New York Court of Appeals · 1915
- Romeyn v. SicklesNew York Court of Appeals · 1888
- Day v. . Town of New LotsNew York Court of Appeals · 1887
- Brightson v. H. B. Claflin Co.New York Court of Appeals · 1904
3 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Town Board of Fallsburgh v. National Surety Corp.New York Supreme Court · 1967
- Coutts v. ChristopherAppellate Division of the Supreme Court of the State of New York · 1931
- Schneiderman v. Mother's Friend's Wet Wash Laundry, Inc.Appellate Division of the Supreme Court of the State of New York · 1930
- Bessant v. StateNew York Court of Claims · 1948
- Gelco Builders & Burjay Construction Corp. v. Diners Financial Corp.Appellate Division of the Supreme Court of the State of New York · 1970