The New Brunswick Steamboat v. Tiers
Supreme Court of New Jersey
This was a cause in the supreme court, which had been tried at the Somerset circuit, and was removed into this court by writ of error. The errors assigned were founded upon the exceptions taken at circuit to the charge of the judge at the circuit. The errors relied on, and the facts upon which the assignment was founded, appear distinctly in the opinions of the judges.
1Opinion of the CourtElmer, J.
The point most pressed on the argument, and. the one involving the merits of this case, is whether the judge before whom this cause was tried was bound to charge the jury, “that although the defendants were guilty of negligence in not securing their vessel more safely, so as to prevent her injury or destruction by striking against the bulkhead or being washed by the sea, if that was their only negligence, and the vessel or cargo received no injury from either of these causes, that negligence will not render them liable for another injury to the cargo which can be attributed to the act of God.”
2Cases cited5 opinions
- McArthur v. SearsNew York Supreme Court · 1839
- Camden & Amboy Rail Road & Transportation Co. v. BurkeNew York Supreme Court · 1835
- Hart v. Allen & GrantSupreme Court of Pennsylvania · 1833
- De Mott v. LarawayNew York Supreme Court · 1835
- Richards v. GilbertSupreme Court of Connecticut · 1813
3Cited by2 opinions
- Hopler v. Morris Hills Regional DistrictNew Jersey Superior Court Appellate Division · 1957
- Cora v. Trowbridge Outdoor Adv. Corp.New Jersey Superior Court Appellate Division · 1952