Vanderslice v. . Newton
New York Court of Appeals
Yandeeslice brought assumpsit in the New York common pleas, against Newton, upon a contract in writing, by which the defendant agreed that his steamboat the “ 0. Ellsworth,” Cap!.. Atwood, should “ take in tow on the Hudson river, from NexvYork to Albany, or as far as the ice would permit, the plaintiff’s canal boat, ‘ Judge Eoyer,’ at the risk of the master and owners thereof.”
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Yandeeslice brought assumpsit in the New York common pleas, against Newton, upon a contract in writing, by which the defendant agreed that his steamboat the “ 0. Ellsworth,” Cap!.. Atwood, should “ take in tow on the Hudson river, from NexvYork to Albany, or as far as the ice would permit, the plaintiff’s canal boat, ‘ Judge Eoyer,’ at the risk of the master and owners thereof.” The contract was made late in November, 1843. The breach complained of was that the defendant did not toxv the canal boat to Albany, but left her at Ooxsackie, 22 miles short of that place. The plaintiff had a verdict…
1Opinion of the CourtRuggles, J.
The defendant agreed with the plaintiff, that the defendant’s steamboat, the O. Ellsworth, Captain Atwood, should take in tow from New York to Albany, or as far as the ice would permit, the plaintiff’s canal boat, at the risk of the master and owner thereof. The canal boat was towed as far up the Hudson river as Coxsackie, 22 miles below Albany, and there left, for the alledged reason that she could not safely be taken farther on account of the floating ice in the river.
The judge charged the jury that the words in the contract, “ as far as the ice will permit,” had reference to a physical…
2Cases cited1 opinion
- Blanchard v. ElyNew York Supreme Court · 1839
3Cited by18 opinions
- Loewer v. HarrisCourt of Appeals for the Second Circuit · 1893
- Thompson v. LumleyNew York Court of Common Pleas · 1877
- Williamson v. StevensAppellate Division of the Supreme Court of the State of New York · 1903
- General Engineering & Dry Dock Co. v. East Bay Municipal Utility DistrictCalifornia Court of Appeal · 1932
- Isman v. LoringAppellate Division of the Supreme Court of the State of New York · 1909
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