Legal Opinion

Clark v. Mayor of New York

New York Supreme Court

Decided February 15, 1863PublishedCited by 1 opinion

This was an action to recover damages against the' city by reason of certain obstructions in the channel of the Harlem river, between Manhattan Island and Ward’s Island, whereby the plaintiffs claim their steamboat was wrecked and lost. The cause was tried before Mr. Justice Hogeboom and a jury, on the 3d day of October, 1861. The case shows that after the plaintiffs rested, “ the defendants moved to dismiss the complaint.

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This was an action to recover damages against the' city by reason of certain obstructions in the channel of the Harlem river, between Manhattan Island and Ward’s Island, whereby the plaintiffs claim their steamboat was wrecked and lost. The cause was tried before Mr. Justice Hogeboom and a jury, on the 3d day of October, 1861. The case shows that after the plaintiffs rested, “ the defendants moved to dismiss the complaint. The court granted the motion, and the plaintiffs duly excepted.” Upon what ground the motion was made, what points were presented or decided, the case does not show. A…

1Opinion of the Court

By the court, Peciiham, Justice.

From the course of the trial I infer and shall assume that the court conceded the liability of the defendants for this injury in case it occurred without negligence on the part of the plaintiffs. If not, the complaint should have been dismissed when the cause was opened. If the defendants were not liable and could 'not be so held under my proof, either as proprietors and occupants of the island, or by reason of the obligations imposed by their charter, the testimony was entirely supefluous and immaterial. .1 assume, therefore, that the court placed its decision…

2Cases cited1 opinion

  1. Dows v. RushNew York Supreme Court · 1858

3Cited by1 opinion

  1. Shafer v. GuestThe Superior Court of New York City · 1868

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