Fulton Lighterage Co. v. New York Central Railroad

This is a motion by defendant for judgment on the pleadings. The conceded facts show that the defendant hired a boat known as a gas hoister from the plaintiff under a charter which provided as follows: “ This company does not agree to return chartered boat in the same condition as when received, ordinary wear and tear excepted, and will not be liable for damage to the boat while under charter unless same is caused by the negligence of the company, its agents or employees, which negligence, however, is not to be presumed from the fact the boat is returned in a condition other than that in…