1 Lock. Rev. Cas. 3
Court for the Trial of Impeachments and Correction of Errors
Decided July 1, 1799
Court for the Trial of Impeachments and Correction of Errors · decided 1799-07-01
The facts of this case were as follows: the master of a canal boat laden with merchandise, being in the city of New York, obtained from the defendants, who had been engaged for ten years in the business of towing boats by means of steamboats, on the Hudson river, a permit in the following words.. “ Capt. H„ of the steamboat N., take in tow for Albany, canal boat A. &c., at the risk of the masters and owners thereof, and collect $30.” The permit was delivered to the captain…
Relies on Caton v. Rumney
Decided 1799-07-01
¶1The Court of Errors held that their decision was erroneous, and that the permit does not exempt the defendants from the consequences of their own negligence; and that the cause should have gone to the jury; (a non-suit had been ordered, by the judge of circuit, and affirmed by the Supreme Court.)
¶2Judgment reversed, 17 to 1.
¶3£¡3= See Caton v. Rumney, 13 Wend. 387.