Littlejohn & Co. v. Ellerman & Bucknall Steamship Co.
This text of 135 Misc. 237 (Littlejohn & Co. v. Ellerman & Bucknall Steamship Co.) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
In accordance with the rule laid down in The Rosalia ([C. C. A.] 264 Fed. 285, at p. 288) the evidence raised a presumption of unseaworthiness or of negligence, and, the defendant [238]*238having failed to sustain the burden of showing affirmatively that the damage arose from an excepted peril, the evidence tending to establish merely a doubt in that regard, it was error to award judgment for defendant.
Judgment reversed, with $30 costs, and judgment directed in favor of plaintiff for $467, with interest and costs.
Present, Bijur, O’Malley and Levy, JJ.
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Cite This Page — Counsel Stack
135 Misc. 237, 236 N.Y.S. 699, 1926 N.Y. Misc. LEXIS 1128, Counsel Stack Legal Research, https://law.counselstack.com/opinion/littlejohn-co-v-ellerman-bucknall-steamship-co-nyappterm-1926.