New York, New Haven & Hartford Railroad v. Gray

FRANK, Circuit Judge.

The trial judge denied recovery because he held that the loss incurred was not caused by any “peril of the seas.” As his findings show, the loss occurred as follows: The “sea” (i.e., water from the river) leaked into the carfloat; this caused the vessel to list and settle; this, in turn, caused some of the railroad’s cars and their cargo to slide into the river; then the vessel lurched and other cars and their cargo also fell into the river. The judge held that railroad’s employees had been guilty of “gross negligence” which was “the immediate cause and the only cause of…