Scarff v. . Metcalf
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme ■Court in the second judicial department, entered upon an order made May 11, 1885, which affirmed a judgment in favor of plaintiff entered upon a verdict.
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Appeal from judgment of the General Term of the Supreme ■Court in the second judicial department, entered upon an order made May 11, 1885, which affirmed a judgment in favor of plaintiff entered upon a verdict. (Reported below, 36 Hun, •202.) This action was brought by plaintiff, who was mate of the barkentine owned by defendants jointly, to recover damages •alleged to have been caused by their negligence in omitting to provide him with proper and adequate medical attendance and •care when sick. The defendants, Yates and Metcalf, alone were served with the summons, and they appeared and…
1Opinion of the CourtFinch, J.
The verdict of the jury requires us to adopt the-plaintiff’s version of the facts, since the judgment was in his-favor and the negligence of the master thereby established.. If that judgment was against him alone very little question would arise, but it involves another owner, not on board the-vessel but remaining at home, and so situated in his relation to the facts as to make necessary their careful consideration.
The barkentine upon which plaintiff was injured, while employed as mate, was owned by defendants. She was sailed by defendant Yates as master, on shares, by virtue of. an agreement…
2Cases cited10 opinions
- Harden v. GordonU.S. Circuit Court for the District of Maine · 1823
- Thorp v. HammondSupreme Court of the United States · 1871
- Taggard v. LoringMassachusetts Supreme Judicial Court · 1820
- Reynolds v. ToppanMassachusetts Supreme Judicial Court · 1819
- Hallet v. Columbian InsuranceNew York Supreme Court · 1811
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3Cited by50 opinions
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- Panama R. v. JohnsonCourt of Appeals for the Second Circuit · 1923
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