Mahler v. Norwich & New York Transportation Co.
New York Court of Appeals
Appeal from the Supreme Court. The action was for damages caused by the negligence of the defendant, and resulting in the death of the intestate.
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Appeal from the Supreme Court. The action was for damages caused by the negligence of the defendant, and resulting in the death of the intestate. On the trial at the Kings Circuit, it appeared that the deceased was on board of a sloop on Long Island Sound, on the 28th of October, 1853; that within a short distance of Sands’ Point the sloop was sunk by a collision with a steamer of the defendant, caused by the negligence of those in charge of the steamer, and that the intestate was drowned. The complaint was dismissed; the court holding, as matter of law, that the place at which the collision…
1Opinion of the CourtPorter, J.
The collision which resulted in the death of the intestate occurred about two miles east of Sands’ Point, and within a mile of the Long Island shore. If the court below was right in holding that this portion of the sound is not within the limits of our jurisdiction, the complaint was properly dismissed, as the right of action rests upon a statute which has no extra-territorial force.
The islands in the sound, as well as those between it and the Atlantic, are confessedly within our limits. Fisher’s Island, which is situate at its eastern extremity, is about two miles from the Connecticut shore.…
2Cases cited5 opinions
- Martin v. Lessee of WaddellSupreme Court of the United States · 1842
- United States v. BevansSupreme Court of the United States · 1818
- Church v. HubbartSupreme Court of the United States · 1804
- United States v. JackalowSupreme Court of the United States · 1862
- United States v. GrushU.S. Circuit Court for the District of Massachusetts · 1829
3Cited by21 opinions
- Manchester v. MassachusettsSupreme Court of the United States · 1891
- Bullock v. . CooleyNew York Court of Appeals · 1919
- Wilson v. Transocean AirlinesDistrict Court, N.D. California · 1954
- State v. FederankoSupreme Court of New Jersey · 1958
- State of Iowa v. MullenSupreme Court of Iowa · 1872
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