Edwards v. Beebe
New York Supreme Court
THIS was an action to recover damages occasioned by a collision of boats on the Erie canal, whereby the plain- ’ tiff lost a horse by drowning. The collision occurred near Schenectady, in July 1862. There was a piece of iron on the defendant’s boat running down the stern and under the boat, called a shoe, which had become loose so as to catch the tow lines of other passing boats. The plaintiff’s tow line caught upon this shoe, which caused the collision.
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THIS was an action to recover damages occasioned by a collision of boats on the Erie canal, whereby the plain- ’ tiff lost a horse by drowning. The collision occurred near Schenectady, in July 1862. There was a piece of iron on the defendant’s boat running down the stern and under the boat, called a shoe, which had become loose so as to catch the tow lines of other passing boats. The plaintiff’s tow line caught upon this shoe, which caused the collision. The referee found for the plaintiff upon the question of negligence, and assessed the value of the horse at $100, to which amount he added…
1Opinion of the Court
By the Court, Morgan, J.
We cannot reverse the' judgment in this case for any supposed error of the referee in his conclusions of fact. The evidence was conflicting as to whether the defendant gave notice to the plaintiff of the danger of catching his tow line upon the catch of the defendant’s boat. The distinction made by the defendant’s conn*107sel—and to some extent by' the referee—between the defendant’s giving notice, and the plaintiff’s hearing it, is without any legal significance whatever. The question is simply one of notice, and that implies that if notice was given, it was given in a…
2Cases cited1 opinion
- Waring v. MasonNew York Supreme Court · 1837
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