Blunt v. . Barrett
New York Court of Appeals
Appeal from judgment of tlie General Term of the Superior Court of the city of Hew York, entered upon an order made May 18, 1887, which affirmed a judgment in favor of defendant entered upon a verdict and affirmed an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from judgment of tlie General Term of the Superior Court of the city of Hew York, entered upon an order made May 18, 1887, which affirmed a judgment in favor of defendant entered upon a verdict and affirmed an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The court erred in charging that the burden of proof was upon plaintiff, and that he must establish by a preponderance of evidence that the removal of the vessel was without authority and without the color of authority. (Heinemann v. Heard, 62 N. Y. 448.)…
1Opinion of the CourtBradley, J.
The action was brought for an alleged wrongful taking by the defendant of the plaintiff’s yacht from a certain place where she had been laid up for the winter to another place in the East river where she sunk and was greatly damaged.
The question here arises upon the plaintiff’s exception taken to the charge of the court to the jury that “ the burden of proof is upon the plaintiff and he must establish by a preponderance of evidence that the removal of the vessel was without authority and without color of authority.” This calls attention to the issue presented by the pleadings by which it…
2Cases cited3 opinions
- Heinemann v. . HeardNew York Court of Appeals · 1875
- Demick v. ChapmanNew York Supreme Court · 1814
- Heilman v. . LazarusNew York Court of Appeals · 1882
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- Henry Waterhouse Trust Co. v. FreitasHawaii Supreme Court · 1934
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