Rathbun & West v. Payne
New York Supreme Court
This was an action on the case for carelessly and negligently running down the plaintiffs’ boat and destroying a cargo of wheat, tried at the Cayuga circuit in October, 1835, before the Hon. Daniel Moseley, one of the circuit judges.
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This was an action on the case for carelessly and negligently running down the plaintiffs’ boat and destroying a cargo of wheat, tried at the Cayuga circuit in October, 1835, before the Hon. Daniel Moseley, one of the circuit judges. The plaintiffs were owners of the canal boat Tariff, and the defendants of the canal boat Black Hawk, both navigating the Cayuga and Seneca canal/ at a place where the canal is in the bed of the Seneca river The Tariff was ascending the stream or going west, and the Black Hawk was descending or going east. The tow-path was on the north side of the canal, and in…
1Opinion of the Court
By the Court,
Bronson, J.
Every boat navigating the canals at night, is required to carry conspicuous lights on its bow. Canal Regulations. When boats meet on the canals, it is the duty of the master of each to turn out to the right hand, so as to be wholly on the right side of the centre of the canal. 1 R. S. 248, § 154. This is substantially like the law of the road. 1 R. S. 695, § 1. Although the plaintiffs have suffered a loss, it is extremely doubtful upon the evidence whether it was not the result of negligence or misconduct on the part of the master of their own boat: but if he was not…
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