Dygert v. Bradley
New York Supreme Court
This was an action of trespass, tried at the Herkimer circuit in March, 1830, to recover damages sustained by the plaintiff in consequence of the defendant running a boat which he was navigating on the Erie canal against the boat of the plaintiff, by means of which the side of the plaintiff’s boat was broken in and merchandise on board was wet and injured.
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This was an action of trespass, tried at the Herkimer circuit in March, 1830, to recover damages sustained by the plaintiff in consequence of the defendant running a boat which he was navigating on the Erie canal against the boat of the plaintiff, by means of which the side of the plaintiff’s boat was broken in and merchandise on board was wet and injured. The plaintiff’s boat was lying-to, near one of the lóeles, -waiting. her turn to pass up; she was on the heel-path side of the canal, within the ordinary locking distance; whilst in that position, two boats passed down without difficulty;…
1Opinion of the Court
By the Court, Sutherland, J.
All the witnesses concur in stating that there was not room for the boat of the defendant to pass that of the plaintiff at the place at which it lay, with the depth of water then in the canal. The testimony also shews that neither the plaintiff nor defendant was aware of that fact, but that they both supposed that the defendant’s bcjtli might pass without difficulty. The jury have also found (and the evidence sustains the verdict in that respect) that the injury was not attributable either to negligence or design on the part of the defendant, and that his boat was…
2Cases cited1 opinion
- Bullock v. BabcockNew York Supreme Court · 1829
3Cited by11 opinions
- Hartfield v. RoperNew York Supreme Court · 1839
- Weeks v. Wilson Transit Co.Court of Appeals for the Sixth Circuit · 1894
- Haley v. . EarleNew York Court of Appeals · 1864
- Olympia v. ShermanDistrict Court, E.D. Michigan · 1891
- Center v. FinneyNew York Supreme Court · 1852
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