Milton v. . Hudson River Steamboat Co.

The defendants contracted to tow the plaintiff's boat with her cargo from Albany to New York, and to use care and diligence in the performance of this undertaking. The former portion of this agreement was express; the latter was implied. The defendants made a further express agreement that the boat should be placed in a particular position in the fleet of boats, of which she formed a part. This boat was towed to her destination, but was placed in a different position from that agreed to be assigned to her. Her cargo was lost and damaged by the waves and storms upon the river, while in this…