Legal Opinion

Buchholz-Hill Transportation Co. v. Baxter

New York Court of Appeals

Decided June 29, 1912PublishedCited by 8 opinions

Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered January 12, 1911, affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the.action and the facts, so far as material, are stated in the opinion. The trial court erred in refusing to admit in evidence the transcript of the record in the United States Circuit Court of Appeals and the opinion of that court. (Cahill v. S. M. Ins.

Read the full summary

Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered January 12, 1911, affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the.action and the facts, so far as material, are stated in the opinion. The trial court erred in refusing to admit in evidence the transcript of the record in the United States Circuit Court of Appeals and the opinion of that court. (Cahill v. S. M. Ins. Co., 204 N. Y. 190; Carlton v. Lombard, Ayres & Co., 149 N. Y. 137; Clark v. Scovill, 198 N. Y. 279; Doty v. Brown, 4 N. Y. 71;…

1Opinion of the CourtWillard Bartlett, J.

In this action the plaintiff has recovered damages against the defendant for his failure to fulfill the obligation of a contract whereby he undertook to mark with a buoy or other suitable beacon the place in the North river where a canal boat belonging to the plaintiff had sunk. In consequence of the failure to buoy the wreck, as required by the laws of the United States, the plaintiff was adjudged liable for the injuries sustained by a tug belonging to other parties which was sunk by collision with the submerged canal boat. This liability was enforced by a suit in admiralty to which the…

2Cases cited3 opinions

  1. Thurston v. ThurstonMassachusetts Supreme Judicial Court · 1868
  2. Hazen v. Lyndonyille National BankSupreme Court of Vermont · 1898
  3. O'Keefe v. Irvington Real Estate Co.Court of Appeals of Maryland · 1898

3Cited by8 opinions

  1. Atlantic Coast Realty Co. v. Robertson'sSupreme Court of Virginia · 1923
  2. Baxter v. Buchholz-Hill Transportation Co.Supreme Court of the United States · 1913
  3. Field v. FieldMassachusetts Supreme Judicial Court · 1928
  4. Brown v. BrownTennessee Supreme Court · 1934
  5. Spring Sheet Metal & Roofing Co. v. Koppers Industries, Inc.Appellate Division of the Supreme Court of the State of New York · 2000

3 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API