47 N.Y. 130 | NY | 1871
During the year 1867, the defendant was repair contractor for section number one upon the Chenango canal, which included lock nine. By his contract, he was required to make all repairs upon the section necessary to keep it in a good, safe, navigable condition. A neglect to perform this duty rendered him liable to an action by a party navigating that portion of the canal, who sustained an injury from such neglect for the recovery of damages caused thereby. (Robinson v. Chamberlin,
All concur, except RAPALLO, J., not voting.
Judgment affirmed.