Redpath v. Vaughan — 48 N.Y. 655

Majority

p. 655

John Redpath et al., Apellants, v. Thomas T. Vaughan et al., Respondents.

(Argued May 12, 1871;

decided September term, 1871.)

p. 656

Headnote

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.'

Gray, C., reads for affirmance.

All concur. Judgment affirmed, with costs.