Spann v. Erie Boatman's Transportation Co.

We have but little difficulty with the rules of law case, after a careful analysis of the evidence given upon the trial. Defendant, in the performance of its contract, is held to the exercise *355bi reasonable diligence, must use ordinary forecast in anticipating an obstruction, and due diligence in overcoming it when it arises, and, as soon as the obstruction ceases to operate, it must exercise diligence in the fulfillment of its contract. Bowman v. Teall, 23 Wc..d. 306; Parsons v. Hardy, 14 id. 216; Geismer v. Railway Co., 102 N. Y. 570. A freezing of the canal is such an act of intervention of…