Merrick v. Brainard
New York Supreme Court
APPEAL from, a judgment rendered at the circuit. The action was brought to recover for damages sustained by the negligence of the defendants’ servants and agents in towing the canal boat Camden from New York to Albany, by means whereof said boat and her cargo were injured by being forced upon a rock, in the Hudson river.
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APPEAL from, a judgment rendered at the circuit. The action was brought to recover for damages sustained by the negligence of the defendants’ servants and agents in towing the canal boat Camden from New York to Albany, by means whereof said boat and her cargo were injured by being forced upon a rock, in the Hudson river. Vandewater Brothers were common carriers on the Hudson river and Erie canal, and as such were employed by the plaintiffs and others to carry certain merchandise from New York to Albany and places north and west of that city. Vandewater Brothers owned the boat Camden, and…
1Opinion of the CourtMullin, J.
The importance of this case, as well by reason of the amount claimed as of the principles of law involved, makes it proper and necessary that it should receive a careful examination.
The first question presented for consideration is, whether the plaintiffs can in law maintain this action ; and this involves three other questions: 1st. Whether there was any right of action in Yandewater Brothers, the assignors of the plaintiffs. 2d. Whether, if there was, it was assignable. 3d. Whether it has been assigned so as to vest any interest in the plaintiffs.
Yandewater Brothers were common carriers of…
2Cases cited3 opinions
- Runyan v. Lessee of CosterSupreme Court of the United States · 1840
- McCall v. Byram Manufacturing Co.Supreme Court of Connecticut · 1827
- Marquand v. President of New-York Manufacturing Co.Court for the Trial of Impeachments and Correction of Errors · 1820
3Cited by33 opinions
- Perrott v. ShearerMichigan Supreme Court · 1868
- Texas & Pacific R'y Co. v. Levi & Bro.Texas Supreme Court · 1883
- Forrester v. Boston & Montana Consolidated Copper & Silver Mining Co.Montana Supreme Court · 1898
- Anderson v. MillerTennessee Supreme Court · 1896
- Regan v. N. York and N. England R. R. Co.Supreme Court of Connecticut · 1891
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