Carpenter v. Eastern Transportation Line
New York Supreme Court
APPEAL from a judgment entered on a verdict at the circuit, and from an order denying a motion for a new trial. The action was to recover damages for carelessly and negligently sinking the plaintiff’s canal boat, in the East river, on the 27th of February, 1873. The plaintiff owned the boat Eddie and George, and about the 24th of February, 1873, Crane & Hurd, of Bridgeport, Conn., hired the plaintiff and his boat to receive a cargo of corn, at Hew York, to be towed by the…
Read the full summary
APPEAL from a judgment entered on a verdict at the circuit, and from an order denying a motion for a new trial. The action was to recover damages for carelessly and negligently sinking the plaintiff’s canal boat, in the East river, on the 27th of February, 1873. The plaintiff owned the boat Eddie and George, and about the 24th of February, 1873, Crane & Hurd, of Bridgeport, Conn., hired the plaintiff and his boat to receive a cargo of corn, at Hew York, to be towed by the defendants’ steam tugs to Bridgeport. On the 26th of February, the defendants, with their tug boat Terror, towed the…
1Opinion of the Court
By the Court, E. Darwin Smith, J.
At the close of the plaintiff’s case the defendants’ counsel moved for a nonsuit, on the ground that the plaintiff had failed to make out a cause of action, and that there was no evidence of negligence on the part of the defendants. . The motion was denied, and the defendants’ counsel duly excepted. This exception, I think, was not well taken. The plaintiff had clearly proved, at that stage of the trial, that the defendants’ tug boat without fault on his part had run into and struck his canal boat with great force and violence, and that in consequence of such…
2Cases cited2 opinions
- Merrick v. . Van SantvoordNew York Court of Appeals · 1866
- Merrick v. BrainardNew York Supreme Court · 1860
3Cited by2 opinions
- Thompson v. ThompsonSupreme Court of Georgia · 1887
- Herald Nathan Press, Inc. v. BourgesCity of New York Municipal Court · 1936