Carpenter v. . Eastern Transportation Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, affirming a judgment in favor of plaintiff entered upon a verdict. This action was brought to recover damages for injuries alleged to have been sustained by plaintiff’s canal boat, through the negligence of defendant. It appeared on the trial that defendant had been employed to tow plaintiff’s boat from New York to Bridgeport.
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Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, affirming a judgment in favor of plaintiff entered upon a verdict. This action was brought to recover damages for injuries alleged to have been sustained by plaintiff’s canal boat, through the negligence of defendant. It appeared on the trial that defendant had been employed to tow plaintiff’s boat from New York to Bridgeport. The boat was taken by one of defendant’s tugs from New York to Port Morris, on the East river, where tows going east, up the Sound, ivcre usually made up. They arrived at…
1Opinion of the CourtRapallo, J.
We are of opinion that the court did not err in refusing to dismiss the complaint, or to direct a verdict for the defendant. It was conceded that the defendant was not liable as a common carrier, but only for negligence; and although, upon the question of negligence, there was evidence from which the jury might, perhaps, have found that the loss of the plaintiff’s boat was occasioned by the pressure of an extraordinary flow of ice, and without negligence, still there was other evidence from which they may have inferred that the defendant’s tugs were imprudently and unsafely moored at the…
2Cases cited2 opinions
- Merrick v. . Van SantvoordNew York Court of Appeals · 1866
- Merrick v. BrainardNew York Supreme Court · 1860
3Cited by15 opinions
- Selkowitz v. County of NassauNew York Court of Appeals · 1978
- Summerlin v. Carolina & North-Western RailroadSupreme Court of North Carolina · 1903
- Summerlin v. . R. R.Supreme Court of North Carolina · 1903
- Guiterman v. Liverpool, New York & Philadelphia Steamship Co.New York Court of Appeals · 1881
- Cunningham v. Evansville & Terre Haute RailroadIndiana Supreme Court · 1885
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