Silliman v. . Lewis
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department, affirming a judgment in favor of defendant entered upon an order of the court at circuit, nonsuiting plaintiffs. The action was brought to recover damages, resulting to the plaintiffs from a collision on the Hudson river.
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Appeal from judgment of the General Term of the Supreme Court in the third judicial department, affirming a judgment in favor of defendant entered upon an order of the court at circuit, nonsuiting plaintiffs. The action was brought to recover damages, resulting to the plaintiffs from a collision on the Hudson river. On the 9th day of October, 1867, the plaintiffs’ barge “ L. P. Gardner,” was being towed by the steam-tug ■ “ Hew York,” on the Hudson river, from the city of Albany to the city of Hew York. The tow consisted of four tiers of canal boats, and about 100 feet in the rear of such…
1Opinion of the Court
Church, Ch. J.
The light on the plaintiffs’ barge was not in accordance with the navigation acts of congress, but was a light indicating that the barge was at anchor; and if those in charge of the defendants’ schooner were deceived by this light, and supposed that the two barges were at anchor, the plaintiffs ought not to recover in this action; because, in that event, they would not be free from contributory negligence, which prevents a recovery in such an action. The want of proper lights on the plaintiffs’ vessel is not a defence, if those ' in charge of the defendants’ vessel knew the true…
2Cases cited1 opinion
- Austin v. . the New Jersey Steamboat Co.New York Court of Appeals · 1870
3Cited by9 opinions
- Costello v. . Third Avenue Railroad Co.New York Court of Appeals · 1900
- The M. J. CummingsDistrict Court, N.D. New York · 1883
- Bird v. Hart-Parr Co.Supreme Court of Iowa · 1914
- Pettitt v. The KallistoDistrict Court, E.D. Virginia · 1877
- Bisogno v. New York Railways Co.Appellate Division of the Supreme Court of the State of New York · 1920
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