McCaldin v. Parke
New York Supreme Court
Exceptions from circuit court, Kings county. Action by James McCaldin against William A. Parke and another to recover for injuries to plaintiff’s boat, caused by defendants’ negligence. There was a judgment for defendants, and plaintiff excepts. Reversed.
1Opinion of the CourtBarnard, P. J.
The plaintiff was the owner of the steamer Caroline Miller. The defendants chartered the vessel to carry lumber for them from Port Royal,’S. C., to New York. The defendants agreed that there should be 16 feet of water at the wharf. On the 12th of April, 1887, the vessel arrived with a cargo of lumber at the port of New York, and was ordered by the defendants to discharge the same at their yard in Hunter Point. The plaintiff had made with the vessel two preceding trips, and delivered at the same place the cargo, without accident. On this occasion the vessel was loaded so as to draw a little…
2Cases cited2 opinions
- Nickerson v. TirrellMassachusetts Supreme Judicial Court · 1879
- O'Rourke v. PeckU.S. Circuit Court for the District of Southern New York · 1887
3Cited by1 opinion
- McCaldin v. . ParkeNew York Court of Appeals · 1894