Piscataqua Nav. Co. v. New York, N. H. & H. R. Co.

BROWN, District Judge.

This libel is for damages for the detention of several vessels, through the obstruction of Ft. Point Channel, in Boston Harbor,: by the fall of a draw in a railroad bridge. The defendant’s duty in respect to the draw is prescribed by a Massachusetts statute of 1845 (chapter 126): “And the corporation shall be held liable to keep said draw in good repair, and to open the same when required, so as to afford all reasonable and proper accommodation for vessels having occasion to pass through the same.” Upon the evidence I find that the fall of the draw, and the consequent…