Exchange Fire Insurance v. President of Delaware & Hudson Canal Co.
The Superior Court of New York City
Appeal from :a judgment in favor of the defendants, entered on the report of Stephen P. Fash, Esq., Referee, to whom the issues in .this cause were referred for trial.
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Appeal from :a judgment in favor of the defendants, entered on the report of Stephen P. Fash, Esq., Referee, to whom the issues in .this cause were referred for trial. This action was brought by the plaintiffs as assignees of the Ogden Bosendale Cement Company, to recover from the defendants the sum of $588.61, the value of a quantity of cement shipped on a boat navigating the canal of the defendants, and damaged by the sinking of the boat caused by an obstruction on the bottom of the canal. The defendants were incorporated for the purpose of constructing and maintaining a canal from the…
1Opinion of the Court
Bosworth, Ch. J.
The canal boat, “ C. O. David,” on the 6th of October, 1860, while being navigated on the defendants’ canal, “struck against a rock or stone lying under water,” whereby the boat was sunk in the canal, and the cement in the boat was damaged to the amount of $558.61.. The only question is whether, on the facts found by the Referee, or the evidence given, the loss is presumptively imputable to the negligence of the defendants ?”
*183The boat was not in the custody of the defendants, or any servant of theirs, at the time it was injured. The boat and the cement in it were owned, at the…
2Cases cited3 opinions
- Mayor of New-York v. BaileyNew York Supreme Court · 1845
- Townsend v. President of the Susquehannah Turnpike RoadNew York Supreme Court · 1810
- Wilson v. President, Directors & Co. of Susquehannah Turnpike RoadNew York Supreme Court · 1855
3Cited by1 opinion
- Guinan v. Boston, Cape Cod & New York Canal Co.Court of Appeals for the Second Circuit · 1924