Baird v. . Daly
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Oourt in the third judicial department affirming a judgment in favor of plaintiff, entered upon a verdict. This action was brought to recover damages for the loss of some cattle drowned by the partial swamping of a scow in which they were, and which was being towed across the St. Lawrence river by plaintiff’s steam-tug.
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Appeal from judgment of the General Term of the Supreme Oourt in the third judicial department affirming a judgment in favor of plaintiff, entered upon a verdict. This action was brought to recover damages for the loss of some cattle drowned by the partial swamping of a scow in which they were, and which was being towed across the St. Lawrence river by plaintiff’s steam-tug. It is reported upon a former appeal in 57 New York (p. 236). The facts sufficiently appear in the opinion. The question to defendant’s witness, whether the scow was seaworthy, was improperly excluded. (Moore v.…
1Opinion of the CourtAllen, J.
The evidence on the part of the plaintiff tended to prove that the foundering of the scow, and the consequent loss of and damage to the cattle of the plaintiff making a part of the freight, was caused solely by the improper and reckless rate of speed at which the scow was dragged through the water by the steamer having her in tow. On the other hand the defendant gave much evidence to prove that the rate of speed by the tow was low and not unusual or improper; that the scow was in an unlit condition for the service; did not float level upon the water, but was down several inches by the head…
2Cases cited1 opinion
- Moore v. . WesterveltNew York Court of Appeals · 1863
3Cited by33 opinions
- Morse v. Minneapolis & St. Louis Railway Co.Supreme Court of Minnesota · 1883
- Terre Haute & Indianapolis Railroad v. ClemIndiana Supreme Court · 1890
- Van Wycklen v. . City of BrooklynNew York Court of Appeals · 1890
- Shinners v. Proprietors of Locks & Canals on Merrimack RiverMassachusetts Supreme Judicial Court · 1891
- St. Louis & San Francisco Railway Co. v. WeaverSupreme Court of Kansas · 1886
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