Haley v. . Earle
New York Court of Appeals
The plaintiff was the owner of a barge, which was towed by the, steamer Niagara, on the Hudson river. The defendant was running a steamboat called the New Jersey, which boat came in collision with the barge, in consequence of which the barge was injured and sunk.- At the time of the collision there was no helmsman on the barge. There was evidence upon the question whether the accident was owing to the want of a helmsman.
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The plaintiff was the owner of a barge, which was towed by the, steamer Niagara, on the Hudson river. The defendant was running a steamboat called the New Jersey, which boat came in collision with the barge, in consequence of which the barge was injured and sunk.- At the time of the collision there was no helmsman on the barge. There was evidence upon the question whether the accident was owing to the want of a helmsman. The court charged the jury that if both were careless, there must be a verdict for the defendant. “That the plaintiff’s barge was without a helmsman. This was a matter of no…
1Opinion of the CourtIngraham, J.
The only question in this case is whether the judge erred in submitting to the jury the question whether the want of a helmsman on board of the barge contributed to the accident, and if not, that that fact did not prevent the plaintiff’s recovery.
The general rule in these actions is that the defendant’s negligence makes him liable unless the plaintiff has done something to contribute to the accident. If so, then he can not recover. To this extent the judge at the circuit charged the jury. Was he in error in adding the instruction that if it did not contribute to the injury .it was a matter of…
2Cases cited2 opinions
- Carroll v. New York & New Haven RailroadThe Superior Court of New York City · 1853
- Dygert v. BradleyNew York Supreme Court · 1832
3Cited by18 opinions
- Willis v. . Long Island Railroad CompanyNew York Court of Appeals · 1866
- Costello v. . Third Avenue Railroad Co.New York Court of Appeals · 1900
- Nashua Iron & Steel Co. v. Worcester & Nashua RailroadSupreme Court of New Hampshire · 1882
- Austin v. . the New Jersey Steamboat Co.New York Court of Appeals · 1870
- The Arctic Fire Ins. Co. v. . AustinNew York Court of Appeals · 1877
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