Home/S.D. New York/Goodwin v. C. Durant

Goodwin v. C. Durant

10 F. Cas. 624, 43 Hunt Mer. Mag. 70
District Court, S.D. New York·Decided July 15, 1860·Published

Opinion

HELD BY

THE COURT:

That the gist of the action rests in contract and not in tort. That if the bark received injuries by negligence in the management of the tug, that fault was attributable to the libelants and their agent, the pilot, and not to the owners of the. tug, who acted pursuant to the directions of the libelant and the pilot. Libel dismissed, with costs.

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Goodwin v. C. Durant, 10 F. Cas. 624, 43 Hunt Mer. Mag. 70 (S.D.N.Y. 1860).

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