Spann v. Erie Boatman's Transp. Co.
New York Supreme Court
Action by Otto G. Spann and others against the Erie Boatman’s Transportation Company to recover damages for breach of contract, by which defendant, on November 26, 1891, chartered to plaintiffs three boats to carry grain from Buffalo to New York City. One of the boats was propelled by steam, and towed the other two. The boats started on November 29th and reached Rochester on the evening of December 1st, at which point the boats were tied up.
1Opinion of the CourtHatch, J.
We have but little difficulty with the rules of law governing this case, and but little more in determining the facts after a careful analysis of the evidence given upon the trial. Defendant, in the performance of its contract, is held to the exercise of reasonable diligence, must use ordinary forecast in anticipating an obstruction, and due diligence in overcoming it when it arises, and, as soon as the obstruction ceases to "operate, it must exercise diligence in the fulfillment of its contract. Bowman v. Teall, 23 Wend. 306; Parsons v. Hardy, 14 Wend. 216; Geismer v. Railway Co., 102 N. Y.…
2Cases cited8 opinions
- Harmony v. . BinghamNew York Court of Appeals · 1854
- Bostwick v. . Baltimore and Ohio R.R. Co.New York Court of Appeals · 1871
- Read v. . SpauldingNew York Court of Appeals · 1864
- Geismer v. Lake Shore & Michigan Southern Railway Co.New York Court of Appeals · 1886
- Laurent v. VaughnSupreme Court of Vermont · 1858
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3Cited by8 opinions
- Clancy v. DuttonAppellate Division of the Supreme Court of the State of New York · 1908
- American Cotton Products Co. v. New York Central RailroadCity of New York Municipal Court · 1932
- Grammer S. S. Co. v. James Richardson & Sons, Ltd.District Court, W.D. New York · 1929
- In re MetcalfeNew York Surrogate's Court · 1894
- McLaren v. FischerAppellate Division of the Supreme Court of the State of New York · 1899
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