Brooklyn Ash Removal Co. v. Connell
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Brooklyn Ash Removal Company, Inc., from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 17th day of March, 1916, denying its motion to strike out portions of the answer and for judgment on the pleadings.
1Opinion of the Court
Putnam, J.:
Under this charter-party plaintiff’s right to use the scow did not amount to complete control, dominion and possession, because defendant kept her master on board. He was not merely there to take orders from the charterer, but for the *6purpose of care of the property and to reheve the charterer from, responsibility. The master’s agency was set forth with unusual particularity in the owner’s agreement.
“We will furnish a captain for each scow; at our own expense, who will be under your control and orders, but you are not to be responsible for the acts of any captain in the care,…
2Cases cited1 opinion
- Rogers v. ArnoldNew York Supreme Court · 1834
3Cited by2 opinions
- Mingey v. Queensboro Storage Warehouse, Inc.City of New York Municipal Court · 1938
- Brooklyn Ash Removal Co. v. ConnellAppellate Division of the Supreme Court of the State of New York · 1916