Vroman v. . Rogers
New York Court of Appeals
Appeal from judgment of the General Term of the City Court of Brooklyn, entered upon an order made May 27, 1889, which affirmed a judgment in favor of defendant entered apon a verdict, and affirmed an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. Plaintiffs had a right to rely upon the representations made, and to assume that the defendant knew of the formation of the bottom of the slip.
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Appeal from judgment of the General Term of the City Court of Brooklyn, entered upon an order made May 27, 1889, which affirmed a judgment in favor of defendant entered apon a verdict, and affirmed an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. Plaintiffs had a right to rely upon the representations made, and to assume that the defendant knew of the formation of the bottom of the slip. They were not required to make a personal examination, but were entitled to a reasonably safe place. (Leary v. Woodruff, 4 Hun,…
1Opinion of the CourtBradley, J.
The purpose of the action was to recover damages for alleged injury to the plaintiffs’ barge and its cargo while at the wharf of the defendant at the foot of Twenty-fourth street in the city of Brooklyn; and it was founded on the charge that the plaintiffs leased wharfage there of the defendant upon the representation of the latter that the place so let was safe, and that it had six feet of water at low tide; that the plaintiffs anchored their barge there, loaded with hay and feed and tied it up to the dock; and that after it had remained there ten days, it broke away and turned over, causing…
2Cases cited1 opinion
- Carleton v. Franconia Iron & Steel Co.Massachusetts Supreme Judicial Court · 1868
3Cited by3 opinions
- Neville v. Morrison Coal & Coke Co.Appellate Division of the Supreme Court of the State of New York · 1925
- McCaldin v. . ParkeNew York Court of Appeals · 1894
- La Brecque Co. v. Edward J. Barton Lighterage Co.Appellate Division of the Supreme Court of the State of New York · 1923