Wells & Tucker v. Steam Navigation Co.
New York Court of Appeals
This was an action on the case, tried at the Chenango circuit, before Gray, circuit judge, in August, 1846. On the trial the case was this : In the spring of 1844, the plaintiffs were the owners of the canal boat Jay, and .were engaged in transporting goods thereon, on the Hudson river, and on the Erie and Chenango canals, from New-York to Norwich, in the county of Chenango. Tucker, one of the plaintiffs, was also the master of the boat.
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This was an action on the case, tried at the Chenango circuit, before Gray, circuit judge, in August, 1846. On the trial the case was this : In the spring of 1844, the plaintiffs were the owners of the canal boat Jay, and .were engaged in transporting goods thereon, on the Hudson river, and on the Erie and Chenango canals, from New-York to Norwich, in the county of Chenango. Tucker, one of the plaintiffs, was also the master of the boat. The defendants were the proprietors of the steamboat Sandusky, the employment of which was to tow boats on the Hudson river between New-York and Albany. On…
1Opinion of the CourtBronson, J.
The judge rejected evidence offered by the defendants to show that there had been no want of care, skill or prudence on the part of the master or crew of the Sandusky, and decided, that the defendants were common carriers of the plaintiffs’ boat and cargo, and were liable for the damage which had been sustained, unless it was occasioned by the act of God, or the public enemy; and further, that the defendants could not, by any contract with the plaintiffs, exempt themselves from such liability. - This presents two questions for our considera tion, though if the judge was wrong upon either…
2Cases cited1 opinion
- Caton v. RumneyNew York Supreme Court · 1835
3Cited by9 opinions
- Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. MahoneyIndiana Supreme Court · 1897
- Graves v. . DavisNew York Court of Appeals · 1923
- Nelson v. Easton & Amboy RailroadNew York Court of Common Pleas · 1894
- Newton Creek Towing Co. v. LawAppellate Division of the Supreme Court of the State of New York · 1923
- Richmond v. Southern Pacific Co.Oregon Supreme Court · 1902
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