Morning herald. [volume] (New York [N.Y.]) 1837-1840, 1838-02-17

CrKccrr Cousr, Friday. Feb. l6.-Bsfore Judge
Edwards.
The Fort Lee and New York Steamboat Company
VS.. Joseph Drink water
This was an action brought against the defendant,
Captain OF the schooner Citizen, for damage done 10
the steamboat Bergen, ferry boat belonging to the
above company plying between this city and Fort
Lee
II appeared that the company rented certain slip
on the North River, of the Corporation for the use
of their ferry boat and paid rent for il that the de-
PENDANTS schooner was made fast at the end o: one
of the piers of the slip, and that the boom OF his
sci projected several feet across the entrance to the
slip from the river.
The ferry boat had some difficulty in coming into
the slip on account of the impeachment presented by
the defendants VESSEL the captain OF the steamboat
first sent one of his men, and finally went Aimself on
board the schooner 10 tell the hands 10 haul the YES
sci ahead or cast off the boom, as 10 enable his
boat 10 get out without injury.
Believing that they would do this, IN ID minutes ne
backed the steamboat out; but as those on board the
schooner did not move the BOOM the steamboat got
foul of il in going out and the chimney chains, pipes,
DC. were knocked down. The boat also LOST TWO
trips on that day, and took fifty dollars less on Sun
day by the detention arising from the accident
IL was proved that the captain OF the schooner was
absent al the me and that proper care was exercised
by those on board the steamboat, by which they
cleared the schoeoners boom, with the exception OF
four inches.
This the case presented TO the jury, and as the
law Oh TIC Case - importantly Cdp'dhls anu ohciS
we will here state IL.
In Moody q Malkins Reports Vol. |. p. 60, a
case was reported where the Louisa, lying at anchor
was run down by the Robert and Ann; il was proved
that the OF the Louisa were all below at the time
of the accident, which they might have prevented
had they been on deck and Lord Tenerden said,
that if there want of on both sides, the
plaintiff could not MAINTAIN an action for, TO dc 80,
the accident must be attributable entirely the fault
of the defendants.
Also in Darlington & Paynes Reports, Vol d. p.
LOG, the case of Lock versus Seaward. A barge at
anchor with no one board was run down by another
barge. Lord Tenterden charged, that if the plain
tiff s men put his barge in such place that men
using ordinary would run against IL the defend
ant would not be liable. The only case in which the
arose entirely from the want of skill in his own raen.
Judge Edwards, in the present case charged to pre-
csey the some purport. The only question was
whether the Captain of the steamboat, by the exer-
else of reasonable and vigilance, could have
avoided the accident. In other words, was he entire
ly free from blame.
A boat might be going up the North river in d.
recton contrary the established usages of the navi
CATION, but that did not Justify another beat
ming into her-so with the law Of the road.
The proper degree of care to be manifested must he
dedidtd by the jury, under the peculiar circumstances
of each case. What would be due care in the coun-
try, might be gross careessness in crowded city In
the case of Mr.. Gibbon, whose carriage was driven
child, his coachman was looking back at the
time of the accident; whereas coachman has no
right have his eyes of his horses in crowded city.
Extraordinary must be exercised commensurate
with extraordinary danger.
The Jury retired with orders TO bring in sealed
verdict