Wells and Tucker v. . the Steam Navigation Company
New York Court of Appeals
This was an action of trespass on the case for negligence in towing the canal boat Jay, belonging to the plaintiffs, by means of which an accident occurred to her and caused'her to sink in the Hudson river near the city of New York. The defendants were the owners of the steam boat Sandusky, which was used for towing boats upon the Hudson river.
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This was an action of trespass on the case for negligence in towing the canal boat Jay, belonging to the plaintiffs, by means of which an accident occurred to her and caused'her to sink in the Hudson river near the city of New York. The defendants were the owners of the steam boat Sandusky, which was used for towing boats upon the Hudson river. On the ‘20th of April, 1844, their agent in the city of New York gave to the plaintiffs’ captain a permit, of which the following is a copy: “ New York, April' 24th, 1844. “ Captain Young, of steam boat Sandusky, take in tow for Albany, canal boat…
1Opinion of the CourtMason, J.
The only point in the case, is whether the justice at the circuit should have ruled that the defendants were not liable for gross .negligence unless accompanied by fraud or a want of good faith in the performance of the service required by their contract. Under an ordinary contract to perform the service, they would be bound to bestow ordinary care and diligence, and would be liable to the owners of the property for any damage which should be occasioned by the want thereof. The permit in this case contains the contract, and the question is, whether it by its terms discharges the defendants…
2Cases cited1 opinion
- Schieffelin v. HarveyNew York Supreme Court · 1810
3Cited by26 opinions
- Mynard v. Syracuse, Binghamton & New York RailroadNew York Court of Appeals · 1877
- McMillan v. Mich. S. & N. I. R. R.Michigan Supreme Court · 1867
- Canfield v. . Baltimore Ohio R.R. Co.New York Court of Appeals · 1883
- Russell v. Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co.Indiana Supreme Court · 1901
- Langford v. NevinTexas Supreme Court · 1927
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