Baker v. Hoag
New York Supreme Court
This was an action of replevin, to recover 18 sacks of wool; The defendant pleaded property in himself. The cause came on for trial at the Greene circuit in September, 184T, before Justice Willard.
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This was an action of replevin, to recover 18 sacks of wool; The defendant pleaded property in himself. The cause came on for trial at the Greene circuit in September, 184T, before Justice Willard. It appeared on the trial that the defendant was the owner of the wool in question; that it was on board the canal boat William Henry, on its way from Albany to New-York, in tow of a steamboat; and by collision the canal boat was sunk in the channel of the Hudson river, near the west shore, opposite to the four mile point between Athens and Coxsackie. The defendant had been where the boat sank,…
1Opinion of the Court
By the Court,
Parker, J.
The canal boat containing the wool in question was found in the winter, by Nicholas Yan Loon, in the Hudson, a navigable river, and over one hundred miles from the ocean. She was lying within the ebb and flow of the tide, and the centre part of her deck only was above 'water. After the collision, by which she was sunk, she must ¿have been moved by the current, or the tide, until she made her appearance as above described. Yan Loon informed the plaintiff of his discovery, who immediately proceeded to cut a passage through the ice, and with the aid of others whom he…
2Cases cited4 opinions
- United States v. WiltbergerSupreme Court of the United States · 1820
- The Steam-Boat Thomas JeffersonSupreme Court of the United States · 1825
- United States v. GrushU.S. Circuit Court for the District of Massachusetts · 1829
- Townes v. DurbinCourt of Appeals of Kentucky · 1860
3Cited by4 opinions
- Dows v. RushNew York Supreme Court · 1858
- Eskridge v. McGruderMississippi Supreme Court · 1871
- Preston v. NealeMassachusetts Supreme Judicial Court · 1858
- Baker v. HoagNew York Court of Appeals · 1853