Wooden v. Austin
New York Supreme Court
THIS is a motion for a new trial, made by the plaintiff upon exceptions ordered to be heard in the first instance at a general term. On the 10th day of December, 1859, the plaintiff entered into an agreement with the defendant, by which, for the consideration of $50, the latter agreed to tow the plaintiff’s boat to Hew York, from Albany.
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THIS is a motion for a new trial, made by the plaintiff upon exceptions ordered to be heard in the first instance at a general term. On the 10th day of December, 1859, the plaintiff entered into an agreement with the defendant, by which, for the consideration of $50, the latter agreed to tow the plaintiff’s boat to Hew York, from Albany. The plaintiff put in evidence the following: “ Albany, Dec. 10, 1859. A. Nixon, master and owner, To Steamboat Syracuse, Dr. For towing from Albany to Hew York, at the risk of the master and owner of the boat or vessel towed, $50. Redeived payment for owners,…
1Opinion of the Court
By the Court, Ingalls, J.
The defendants were not common carriers, and hence not insurers. (Wells v. Steam Navigation Co., 2 Comst. 204. Caton v. Rumney, 13 Wend. 387.) The defendants were certainly liable, if guilty of gross carelessness, if not for a failure to exercise ordinary care in the management of the steamer and the tow. The decisions of the courts, in this state, have not been uniform in regard to the degree of negligence to be established, to render liable the owner of a vessel used for towing only. The following cases bear upon the question: Alexander v. Greene, (7 Hill, 533;)…
2Cases cited4 opinions
- Ernst v. . Hudson River Railroad Co.New York Court of Appeals · 1866
- Wells and Tucker v. . the Steam Navigation CompanyNew York Court of Appeals · 1853
- Caton v. RumneyNew York Supreme Court · 1835
- Moore v. EvansNew York Supreme Court · 1852
3Cited by7 opinions
- Bisso v. Inland Waterways Corp.Supreme Court of the United States · 1955
- The "Margaret."Supreme Court of the United States · 1877
- In re Humboldt Lumber Manuf'rs' Ass'nDistrict Court, N.D. California · 1894
- WilliamsDistrict Court, S.D. New York · 1903
- In re Shipowners' & Merchants' Tugboat Co.District Court, N.D. California · 1897
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