Baird v. . Daly
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department, affirming a judgment in favor of defendant, entered upon an order nonsuiting plaintiff upon trial at circuit. This action was brought-by the plaintiff to recover compensation for loss of, and damage to cattle and horses belonging to him, sustained in consequence of the alleged negligence of the defendant’s servants.
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Appeal from judgment of the General Term of the Supreme Court in the third judicial department, affirming a judgment in favor of defendant, entered upon an order nonsuiting plaintiff upon trial at circuit. This action was brought-by the plaintiff to recover compensation for loss of, and damage to cattle and horses belonging to him, sustained in consequence of the alleged negligence of the defendant’s servants. Plaintiff employed one Nicholas Cavanaugh to transport the cattle and horses, in his scow, across the St. Lawrence river, from Brockville, Canada, to Morristown, in this State.…
1Concurrence
This action is brought to recover for an injury done by the unskillful management of a tug belonging to the defendant, which was engaged in towing a scow, on which were certain cattle belonging to the plaintiff.
The questions to be discussed here may be resolved into three. (1.) Can the plaintiff, under the facts of the case, recover in a common-law action provided that can be maintained under the provisions of the United States Constitution? (2.) Has the Supreme Court of New York jurisdiction over the case, the injury having occurred on the River St. Lawrence? (3.) Does the act of Congress,…
2Cases cited6 opinions
- De Lovio v. BoitU.S. Circuit Court for the District of Massachusetts · 1815
- Green v. . ClarkeNew York Court of Appeals · 1855
- Merrick v. BrainardNew York Supreme Court · 1860
- Cutting v. SeaburyDistrict Court, D. Massachusetts · 1860
- Green v. Hudson River RailroadNew York Court of Appeals · 1866
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