Taft v. Carter
New York Supreme Court
THE appellant was the owner ot the steamboat Oswego, engaged, in the season of 1867, in towing canal boats on the Oneida lake and river, from the head of the lake to the junction of the Oneida and Oswego rivers, at a place called “Three ¡River Point.” The respondent was the owner of a canal boat, called the P. D. Devoe. Captain Shaver, of the Oswego, took the plaintiff’s boat, with others, in tow at Barnhart’s Bay, on the lake, for the Oswego river.
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THE appellant was the owner ot the steamboat Oswego, engaged, in the season of 1867, in towing canal boats on the Oneida lake and river, from the head of the lake to the junction of the Oneida and Oswego rivers, at a place called “Three ¡River Point.” The respondent was the owner of a canal boat, called the P. D. Devoe. Captain Shaver, of the Oswego, took the plaintiff’s boat, with others, in tow at Barnhart’s Bay, on the lake, for the Oswego river. The tow was made up of boats, two abreast, and the Oswego towed them safely to the Oak Orchard lock, on the Oneida river, where the tow had to be…
1Opinion of the Court
By the Court, Morgan, J.
I am of opinion that the order of the special term should be reversed, and a new trial granted. The only question submitted to the jury was whether the defendant was guilty of negligence or want of skill in not taking the plaintiff’s boat single instead of double through the piers of the new bridge. The evidence very strongly tends to show that the defendant exercised at least ordinary care in towing the plaintiff’s boat in the. situation in which it was placed; and if there was any mistake, it arose out of the circumstance that the defendant chose to attempt the…
2Cited by2 opinions
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