Merritt & Chapman Derrick & Wrecking Co. v. Tice
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Walter J. Tice and others, from a. judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 16th ■day of November, 1903, upon the verdict of a jury, and also from •an order entered in said clerk’s office on the 19th day of November, 1903, denying the defendants” motion for a new trial .made upon "the minutes.
1Opinion of the Court
."Patterson, J.:
There are in this record" two errors in rulings upon evidence, so -substantial and grave in their character as to require a reversal of the judgment from which this appeal is taken and a new trial of the issues. The case was before us on a prior appeal (Merritt & Chapman Derrick & Wrecking Co. v. Tice, 77 App. Div. 326). The plaintiff sued to recover condensation for services rendered in connection, with removing a barge belonging to' the defendants from the shore on Long Island, on which it had been stranded during a storm. Under the allegations of the complaint the action…
2Cases cited6 opinions
- Steamboat Co. v. ChaseSupreme Court of the United States · 1873
- Cosselmon v. . DunfeeNew York Court of Appeals · 1902
- The SusanDistrict Court, D. Massachusetts · 1859
- The IndependenceU.S. Circuit Court for the District of Massachusetts · 1855
- Merritt & Chapman Derrick & Wrecking Co. v. TiceAppellate Division of the Supreme Court of the State of New York · 1902
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