Hawkins v. Dutchess & Orange Steam-Boat Co.
New York Supreme Court
This was action on the case, brought to recover damages an injury sustained by the plaintiff in consequence of the .runn™8' °f-a steam,boat upon a sloop belonging, to the plaintiff, while, navigating the Hudson river. The action was tried at the Rensselaer circuit, in June, 1827, before the Hon. William A- Duer, one of the circuit judges.
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This was action on the case, brought to recover damages an injury sustained by the plaintiff in consequence of the .runn™8' °f-a steam,boat upon a sloop belonging, to the plaintiff, while, navigating the Hudson river. The action was tried at the Rensselaer circuit, in June, 1827, before the Hon. William A- Duer, one of the circuit judges. On the trial, it appeared that the vessels met just below the overslaugh below Albany; the sloop going down the river with a fair but light breeze at the rate of two miles an hour; the steam boat going up the river at the rate of six or seven miles an hour;…
1Opinion of the Court
By the Court, Savage, Ch. J.
The plaintiff’s claim to damages is founded upon the supposed negligence of the defendants’ agents, the officers of the boat; and the question is, whether, from the facts in the case, such negligence is proved. The defendants’ counsel assumes, as the common law of vessels navigating .the Hudson river, that the vessel having a favorable wind is bound to give way, so as to avoid every other vessel she meets, and permit them to pursue their course without deviating from their track. How such a regulation has been established does not appear; nor is the existence of…
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