Johnson v. . Belden
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the sixth judicial district, affirming a judgment in favor of plaintiff entered upon'the report of a referee. This action is brought against defendant as a repair contractor, to recover damages for injuries received by plaintiff’s canal boat while navigating the Chenango canal. The gates of a lock upon defendant’s section being out of repair, gave way.
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Appeal from judgment of the General Term of the Supreme Court in the sixth judicial district, affirming a judgment in favor of plaintiff entered upon'the report of a referee. This action is brought against defendant as a repair contractor, to recover damages for injuries received by plaintiff’s canal boat while navigating the Chenango canal. The gates of a lock upon defendant’s section being out of repair, gave way. The circumstances of the injury are set forth in the opinion. If plaintiff voluntarily placed his boat in a dangerous, position, he must take the consequences. (Wilds, Adm'rs v.…
1Opinion of the CourtGrover, J.
During the year 1867, the defendant was repair contractor for section number one upon the Chenango canal, which included lock nine. By his contract, he was required to make all repairs upon the section necessary to keep it in a good, safe, navigable condition. A neglect to perform this duty rendered him liable to an action by a party navigating that portion of the canal, who sustained an injury from such neglect for the recovery of damages caused thereby. (Robinson v. Chamberlin, 34 N. Y., 389.) Whatever doubts may have existed in respect to such liability before the determination of this…
2Cases cited1 opinion
- Robinson v. . ChamberlainNew York Court of Appeals · 1866
3Cited by5 opinions
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- Mott v. HullSupreme Court of Oklahoma · 1915
- Lampert v. Laclede Gas-Light Co.Missouri Court of Appeals · 1883
- Huntley v. Empire Engineering Corp.District Court, W.D. New York · 1911
- Nicholson v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1946