Legal Opinion

The Arctic Fire Ins. Co. v. . Austin

New York Court of Appeals

Decided May 22, 1877PublishedCited by 18 opinions

Appeal from judgment of the General Term of the Supreme Court in the first judicial department, affirming 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 first judicial department, affirming a judgment in favor of plaintiff, entered upon a verdict. (Reported below, 3 Hun, 195.) This action was brought against defendant as president of the Albany and Canal line of tow-boats, a joint stock association engaged in towing canal boats between Albany and New York, to recover damages for the loss of a cargo of corn, upon which plaintiff had an insurance, which loss was alleged to have been occasioned by the negligence of defendant’s employees. The cargo was on board the canal boat,…

1Opinion of the CourtAllen, J.

The canal boat J. L. Parsons, laden with corn owned and shipped by White’s Bank of Buffalo, while in tow of the steam tug McDonald, owned and used in the towing of boats and barges by a joint stock company, of which the defendant was president, on her passage down the Hudson river, was sunk by a collision with a barge in tow of the steam tug Austin, owned by and in the service of the same company, bound up the river, nearly opposite West Point, and between that point and Magazine Point, a few rods above, and the boat and cargo were wholly lost. The plaintiff had insured the cargo of com, and…

2Cases cited4 opinions

  1. Colegrove v. New York & New Haven RailroadNew York Court of Appeals · 1859
  2. Simpson v. HandSupreme Court of Pennsylvania · 1841
  3. Haley v. . EarleNew York Court of Appeals · 1864
  4. Hoffman v. . Union F. Co. of BrooklynNew York Court of Appeals · 1872

3Cited by18 opinions

  1. Jacksonville, Tampa & Key West Railway Co. v. Peninsular Land, Transportation & Manufacturing Co.Supreme Court of Florida · 1891
  2. Wyllie v. . PalmerNew York Court of Appeals · 1893
  3. Nash v. LangMassachusetts Supreme Judicial Court · 1929
  4. Martin, Wise & Fitzhugh v. Texas & Pacific Railway Co.Texas Supreme Court · 1894
  5. Spelman v. DelanoMissouri Court of Appeals · 1914

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