Gascoin v. Lehigh Valley Railroad — 238 N.Y. 565

Majority

p. 565

George W. Gascoin, Respondent, v. Lehigh Valley Railroad Company, Appellant.

Headnote

Bailment — charter of barge —■ liability for damage from elements — failure to use reasonable care.

Gascoin v. Lehigh Valley R. R. Co., 207 App. Div. 846 , affirmed.

(Argued April 8, 1924;

decided May 13, 1924.)

Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department,

p. 566

entered November 24, 1923, affirming a judgment in favor of plaintiff entered upon a verdict. This action was brought by the plaintiff, as owner of the barge Sun of Yonkers for damages thereto occurring while the barge was in the possession of the defendant under an oral contract of hire. It is undisputed that the damages occurred in New York harbor as the result of a violent storm. The complaint alleged that defendant failed to use reasonable care to safeguard the boat.

Arthur W. Clement for appellant.

J. M. Gorman, Pierre M. Brown and Richard F. Lenahan for respondent.

Judgment affirmed, with costs; no opinion.

Concur: His cock, Ch. J., Caedozo, Pound, McLaughlin, Crane, Andrews and Lehman, JJ.