Milton v. Hudson River Steamboat Co.
New York Supreme Court
This was an appeal by the defendants from an order at Special Term, denying their motion to set aside a verdict and for a new trial, and from the judgment for the plaintiff entered in the action.
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This was an appeal by the defendants from an order at Special Term, denying their motion to set aside a verdict and for a new trial, and from the judgment for the plaintiff entered in the action. The suit was brought to recover damages, arising from the loss of a portion of a cargo of lumber, and injuries to the plaintiff’s canal boat Caloric, its detention, and the expenses incurred by reason of the loss and injuries, while in the charge of the defendants for towing from Albany to Hew York. It appeared that at the time the plaintiff entered into the contract for towing, he paid the price…
1Opinion of the Court
By the Court
Mullin, P. J.
There are two causes of action set out in the complaint; the first, for a breach of a contract entered . into between the parties, whereby the defendant agreed to tow plaintiff’s canal boat Caloric from Albany to Hew York, between two deck boats, so as to protect plaintiff’s boat from damages which she might sustain from wind and storm. The breach assigned was, that plaintiff’s boat was placed on the outside of a tier of boats, in consequence of which she was injured, and a part of her cargo lost.
The second cause of action was, for not towing plaintiff’s boat from…
2Cases cited1 opinion
- The PrincetonU.S. Circuit Court for the District of Southern New York · 1853
3Cited by1 opinion
- Milton v. Hudson River Steamboat Co.New York Court of Appeals · 1867