Acker v. The Niagara
District Court, S.D. New York
The above four libels are brought to recover damages sustained in consequence of the sinking of the canal-boat Belle in the Hudson river, between 5 and 6 in the morning of the fifth of October, 1881, while in tow of the steam-tug Niagara, near the long dock at Pier-mont. The Niagara belonged to what is known as Schuyler’s line, which, during the season of navigation, takes a tew of numerous boats every night from New York up the North river to Albany.
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The above four libels are brought to recover damages sustained in consequence of the sinking of the canal-boat Belle in the Hudson river, between 5 and 6 in the morning of the fifth of October, 1881, while in tow of the steam-tug Niagara, near the long dock at Pier-mont. The Niagara belonged to what is known as Schuyler’s line, which, during the season of navigation, takes a tew of numerous boats every night from New York up the North river to Albany. The ..Niagara left New York' on the night of October 4th with a tow of 24 boats, of which four were deeply loaded, having about 200 tons…
1Opinion of the CourtBrown, J.
The owners of the tug-boat contend that they are not responsible for the loss, because there was no negligence on their part. They allege that it was customary to put boats like the Belle in the hawser tier; that there were no indications of tempestuous weather at the time when the tow was made up on the evening of October 4th, and that the only proper place for the Belle, a heavy and deeply-laden boat, was in the front tier, and not in the rear of lighter boats. Owners of tugs are uot insurers of the tows in their charge. They are, indeed, answerable for negligence only; but negligence…
2Cited by6 opinions
- The FlorenceDistrict Court, N.D. New York · 1898
- The Maurice R.District Court, E.D. New York · 1932
- BoukerDistrict Court, D. New Jersey · 1905
- Smith v. Yellow Pine Co.District Court, S.D. New York · 1901
- The DeltaDistrict Court, W.D. New York · 1903
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