Duhme v. . Hamburg-American Packet Co.
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered July 27, 1905, reversing a judgment in favor of defendant entered upon a. dismissal of the complaint by the court at a Trial Term and granting a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The mere fact that the hawser broke under the circumstances disclosed by the evidence creates no' presumption of negligence.
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Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered July 27, 1905, reversing a judgment in favor of defendant entered upon a. dismissal of the complaint by the court at a Trial Term and granting a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The mere fact that the hawser broke under the circumstances disclosed by the evidence creates no' presumption of negligence. (Dougherty v. Milliken, 163 N. Y. 527; Welsh v. Cornell, 168 N. Y. 507 ; Dobbins v. Brown, 119 N. Y. 188 ; De Graff v.…
1Opinion of the CourtGray, J.
The plaintiff seeks to recover damages of the defendant for personal injuries sustained through the breaking of a hawser, while one of its steamships was being brought into its pier. The result of the trial of the action, so far as our review is concerned, was the dismissal of the complaint by the trial court upon the case, as made by the evidence of both parties. The Appellate Division, in the second department, reversed the judgment thereupon entered in favor of the defendant and ordered a new trial. The defendant has appealed to this court and the question for our consideration relates to…
2Cases cited4 opinions
- Griffen v. . ManiceNew York Court of Appeals · 1901
- Beck v. . CarterNew York Court of Appeals · 1877
- Stierle v. . Union Railway Co.New York Court of Appeals · 1898
- Peck v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1901
3Cited by20 opinions
- Morejon v. Rais Construction Co.New York Court of Appeals · 2006
- Carter Oil Co. v. Independent Torpedo Co.Supreme Court of Oklahoma · 1924
- Beard v. KlusmeierCourt of Appeals of Kentucky · 1914
- Tortora v. State of New YorkNew York Court of Appeals · 1935
- Patnode v. FooteAppellate Division of the Supreme Court of the State of New York · 1912
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