Hicks v. . Dorn
New York Court of Appeals
Appeal from a judgment of the General Term of the Supreme Court, for the third district, affirming a judgment in favor of the plaintiff, entered upon the report of Isaac Edwards, Esq., referee. The facts, as found by the referee, are the following: Plaintiff was the owner of a canal boat, of the value of $1,600. Defendant was the superintendent of repairs in charge of section two of the Erie canal, including that portion of said canal hereinafter mentioned.
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Appeal from a judgment of the General Term of the Supreme Court, for the third district, affirming a judgment in favor of the plaintiff, entered upon the report of Isaac Edwards, Esq., referee. The facts, as found by the referee, are the following: Plaintiff was the owner of a canal boat, of the value of $1,600. Defendant was the superintendent of repairs in charge of section two of the Erie canal, including that portion of said canal hereinafter mentioned. At the northerly point of the basin, at Vischer’s Ferry, was a dry dock, which was private property, into which boats were taken from the…
1Opinion of the Court
Earl, Ch. J.
It was the duty of the defendant, as superintendent of canal repairs, to keep in repair the section of the canal intrusted to him, and to remove obstructions to navigation; and he claims protection, in this case, on the ground that he was in the proper discharge of this duty when he cut up the plaintiffs boat. He bases his claim to protection upon several grounds, which I will proceed to notice.
' 1st. He claims this case comes within the section of the Revised Statutes (1 R. S., 221, § 23, Edm’s ed.) which provides that “ whenever the navigation of any of the canals shall be…
2Cases cited5 opinions
- Robinson v. . ChamberlainNew York Court of Appeals · 1866
- The Rochester White Lead Co. v. . the City of RochesterNew York Court of Appeals · 1850
- Russell v. Mayor of New-YorkNew York Supreme Court · 1845
- Fulton Fire Insurance Co. v. . BaldwinNew York Court of Appeals · 1868
- Shepherd v. LincolnNew York Supreme Court · 1837
3Cited by14 opinions
- State v. HowardSupreme Court of Vermont · 1909
- Mark v. . Hudson River Bridge Co.New York Court of Appeals · 1886
- Bair v. StruckMontana Supreme Court · 1903
- Engblom v. CareyDistrict Court, S.D. New York · 1981
- State ex rel. Lee v. Montana Livestock Sanitary BoardMontana Supreme Court · 1959
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