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Reports of Cases in Law and Equity in the Supreme Court of the State of New York (Volume 64)

Reports of Cases in Law and Equity in the Supreme Court of the State of New York (Volume 64)

Paperback

General World History

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ISBN10: 123547545X
ISBN13: 9781235475450
Publisher: General Books
Pages: 254
Weight: 1.01
Height: 0.53 Width: 7.44 Depth: 9.69
Language: English
This historic book may have numerous typos or missing text. Not indexed. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. 1873. Not illustrated. Excerpt: ... c CALL LOANS. See Promissory Notes 1, 2, 8, 4. CANALS. 1. A boat, eleven feet wide in the hull, and ninety feet long, built with locker seats, inside, finished off for carrying passengers, and used chiefly for the conveyance of passengers and express freight, on the Erie canal, between the village of Mohawk and the city of Utica. making daily trips, is fairly a passenger boat, or boat used chiefly fur the conveyance of passengers, within the terms and intent of the statute (1 A'. S. 245, 51k ed.; p. 627, 24, ) and entitled to a preference' over other boats, not used for that purpose, in entering and passing through a lock. Houghton v. Wuke, 613 2. The plaintiff was the owner of a boat used chiefly in the transportation of passengers, on the canal. When approaching a lock, the boat overtook the defendant's bout, (which was a freight bout, ) and attempted to pass, the plaintiff claiming a preference, under the statute. The defendant endeavored to prevent the plaintiff's bout from passing his, and shoved the bow of his boat over, towards the plaintiff's boat, to head it, and finally ran his boat into that of the plaintiff, just as the latter reached the lock, and seriously injured such boat. Held that it' was error in the court, in an action for damages, to direct a nonsuit, and to take the case from the jury on the ground that it was a case of contributory negligence on the part of the plaintiff. ib 3. Held, also, that it was not a case of negligence; and the plaintiff had a right to have the case submitted to the jury, whether the injury to his boat was not caused by the willful and malicious acts and conduct of the defendant. ib CARRIERS. 1. A cask of wine, shipped from Antwerp to Liverpool, was received in good order by the defendants, as appeared...

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