Milton v. Hudson River Steamboat Co.
New York Court of Appeals
Appeal from the general term of the Supreme Court, in the fifth district, where a judgment entered in favor of the plaintiff, upon the report of a referee, had been affirmed. This was an action by William Milton against the Hudson River Steamboat Company, to recover damages for the loss of a portion of the cargo of the canal-boat Caloric, which was washed overboard and lost, on the voyage from Albany to New York.
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Appeal from the general term of the Supreme Court, in the fifth district, where a judgment entered in favor of the plaintiff, upon the report of a referee, had been affirmed. This was an action by William Milton against the Hudson River Steamboat Company, to recover damages for the loss of a portion of the cargo of the canal-boat Caloric, which was washed overboard and lost, on the voyage from Albany to New York. The case was tried before a referee, who found, that in October 1860, the plaintiff chartered the canal-boat Caloric, for the purpose of transporting a cargo of staves and heading…
1Opinion of the CourtHunt, J.
The defendants contracted to tow the plaintiff’s boat, with her cargo, from Albany to New York, and to use care and diligence in the performance of this undertaking. The former portion of this agreement was express; the latter was implied. The defendants made a further express agreement, that the boat should be placed in a particular position in the fleet of boats, of .which she formed a part. This boat was towed to her destination, but was placed in a different *243position from that agreed to be assigned to her. cargo was lost and damaged by the waves and storms upon the river, while in this…
2Cases cited5 opinions
- Tonawanda Rail-Road v. MungerNew York Supreme Court · 1848
- MacKay v. . New York Central RailroadNew York Court of Appeals · 1866
- Wells & Tucker v. Steam Navigation Co.New York Court of Appeals · 1849
- Moore v. CrossNew York Supreme Court · 1857
- Milton v. Hudson River Steamboat Co.New York Supreme Court · 1871