General
John Redpath et al., Apellants, v. Thomas T. Vaughan et al., Respondents
48 N.Y. 655·New York Commission of Appeals·1871·NY
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Opinion
John Redpath et al., Apellants, v. Thomas T. Vaughan et al., Respondents.
(Argued May 12, 1871;
decided September term, 1871.)
Action to recover damages to a cargo of sugar in defendants’ custody as common carriers. The bill of lading excepted “ dangers of the sea.” The boat was towed upon a hidden stump, a recent obstruction in the channel of the Hudson river, and sunk. Held, the loss occurred by a danger of the sea, and defendants were not liable.
Livingston K. Miller for the appellants.
Joseph Potter for the respondents.'
[MAJORITY]
Gray, C., reads for affirmance.
All concur. Judgment affirmed, with costs.