Edwin B. Bissell, Appellant, v. William Torrey et al., Respondents

Edwin B. Bissell, Appellant, v. William Torrey et al., Respondents. One engaged in the business of towing boats by a steamer chartered by him for that purpose, while he may be liable for breach of contract, is not liable in an action for negligence for injuries to a boat, which he has contracted to tow, resulting from the negligence of those navigating the steamer, where the owner retains the possession and general control, and the direction of its master and crew. The contract of the charterer, in such case, is simply that of affreightment, and he is not clothed with the character or with the legal responsibility of ownership. (Argued February 19, 1875; decided March 23, 1875.) This was an action to recover damages for the sinking of -plaintiff’s canal-boat, while in tow of the steamer “Alice Price,” alleged to have been occasioned by the negligence of those navigating the steamer. The facts proved, as viewed by the court, were, in substance, as follows: The said steamer was owned by the Neversink Steamboat Company. Defendant White was a prominent stockholder and the general agent of the company; as such he chartered the steamer to defendant Torrey, to be used in towing boats from Albany and Troy to New York. The steamer was navigated by officers and men employed and paid by the steamboat company, it retaining the possession and general control thereof, and receiving so much a trip. One Scott was the agent at Troy for procuring tows. He contracted with plaintiff to tow the boat of the latter to New York. It was taken in tow, and before reaching its destination, through the negligence of those navigating the steamer, collided with a vessel and was sunk. The trial court nonsuited plaintiff. Held, no error; that defendant White was not liable, he acting simply as agent for the general owner. That defendant Torrey, while he might be liable for breach of the contract to tow, was not liable in an action for negligence, the court laying down the propositions stated above. Francis Kernan for the appellant. S. W. Fullerton for the respondents. [MAJORITY — Miller, J.,] Miller, J., reads for affirmance. All concur. Judgment affirmed.