Campbell v. Pennsylvania R. Co.
| Decision Date | 25 January 1898 |
| Docket Number | 20. |
| Parties | CAMPBELL v. PENNSYLVANIA R. CO. |
| Court | U.S. Court of Appeals — Second Circuit |
Galbraith Ward, for appellant.
Jas. J Mackin, for appellee.
Before WALLACE and LACOMBE, Circuit Judges.
The two canal boats, with others, were lying moored in the slip on the south side of the Erie dock or pier, North river, Jersey City. Next below to the southward is the Abbatoir dock, and on its north side the car float, not being needed for use was laid up. It was secured with three lines, had been thus laid up some two or three weeks, and on the fall of the tide would take bottom, and, the bottom being uneven would list towards the Erie dock. At about 1 p.m. of February 11, 1896 at low water, the float swung across the slip, owing to the rendering of her head line from the bow cleat, which caused her amidship line to part, the float at that time having a list from the dock, and the bottom where she lay being soft muddy, and greasy. The low tide on which this happened was lower than any that occurred in the year 1895 or in the year 1896 down to the time of the trial, being 3 1/4 feet below mean low water,-- due to continuous heavy wind from the north and west. The district judge held that defendants were responsible, and we are inclined to concur in that conclusion. The defendants are not liable, as insurers against all contingencies except the as that phrase is generally understood. They would certainly not be liable for the malicious act of a stranger casting the boat adrift, if they had exercised proper care in attending to her fastenings. They were bound, however, to exercise such care and prudence in securing her as the circumstances required. And the circumstances in this case required a very high degree of care. Inasmuch as she had repeatedly grounded at low tide, they were chargeable with knowledge of the condition of the bottom, and, if they chose to leave her in that particular place without a watchman were bound to secure her so that the list she might be expected to take, should there be an unusual fall of the tide, would successfully be overcome. It would seem from the evidence that the lines were strong enough to hold her even on this day, had none of them rendered. To that extent they fulfilled their obligations. The lines were examined every morning by some one of defendant's servants, and there is evidence that on two prior occasions...
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