Fitch v. Livingston & Flanagan
New York Court of Appeals
This was an action on the case commenced in the Superior Court of the city of New York in 1847, by Fitch and others, plaintiffs, and owners of the steam boat Santa ¡Claus, against Livingston & Flanagan, owners or proprietors of the steam propeller Ocean, for running afoul of the Santa Claus on the Hudson river, and damaging her. The cause was tried before Chief Justice Oakley, on the 12th of June 1849, and several days following. A large number of witnesses were examined.
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This was an action on the case commenced in the Superior Court of the city of New York in 1847, by Fitch and others, plaintiffs, and owners of the steam boat Santa ¡Claus, against Livingston & Flanagan, owners or proprietors of the steam propeller Ocean, for running afoul of the Santa Claus on the Hudson river, and damaging her. The cause was tried before Chief Justice Oakley, on the 12th of June 1849, and several days following. A large number of witnesses were examined. At the close of the testimony, the defendant’s counsel requested the judge to charge the jury on nineteen separate…
1Opinion of the Court
On the 24th of January 1853, C. L. Benedict, the attorney and counsel for appellant, moved on notice, affidavits and papers to set aside the judgment of affirmance and for a stay of proceedings, and for leave to apply to the Superior Court to have the bill of exceptions resettled, so as to present those questions of law which were actually made at the trial, by exceptions there taken, and which were passed upon at the general term, &c. and cited Livingston agt. Miller, ante page 219. N. Hill Jk. for respondents, opposed the motion.
The court held the papers under advisement a few days, and…
2Cited by3 opinions
- O'Gorman v. KamakNew York Court of Common Pleas · 1875
- Clendenning v. LindnerThe Superior Court of New York City · 1895
- Clendenning v. LindnerThe Superior Court of the City of New York and Buffalo · 1895