Talcot v. Commercial Insurance Co.
New York Supreme Court
In February term last, the court granted new trials in these causes, considering the verdicts as against evidence, as to the fact of seaworthiness. (See ante, p. 124.) The causes having been again tried, verdicts were a second time found for the plaintiff. On the second trial, the only additional evidence, on the part of the plaintiff, was, that the vessel, ingoing down Connecticut river, struck on a bar of sand, so as slightly to impede her course.
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In February term last, the court granted new trials in these causes, considering the verdicts as against evidence, as to the fact of seaworthiness. (See ante, p. 124.) The causes having been again tried, verdicts were a second time found for the plaintiff. On the second trial, the only additional evidence, on the part of the plaintiff, was, that the vessel, ingoing down Connecticut river, struck on a bar of sand, so as slightly to impede her course. A motion was made for á new trial, and argued by D. B. Ogden and P. W. Radclijf, for the plaintiff, and TJarison, for the defendants.
1Per curiam
Here have been two trials in each of these causes, on the same question of fact. As four different juries have found that the vessel was seaworthy, and on the last trial, some further evidence was adduced, on the part of the plaintiff, we do not think it expedient to disturb the verdict. The rule must be denied.
Rule refused,
2Cited by7 opinions
- In Re the Estate of RandallIdaho Supreme Court · 1939
- Osborn v. . SchenckNew York Court of Appeals · 1880
- Dorwin v. WestbrookAppellate Division of the Supreme Court of the State of New York · 1896
- Monarch G. & S. M. Co. v. McLaughlinIdaho Supreme Court · 1877
- Nichols v. TuttleNew York Supreme Court · 1891
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