Gilooley v. Pennsylvania R.
Gilooley v. Pennsylvania R.
Opinion of the Court
The libellant having a decree for his damages sustained by reason of injuries to his canal boat, caused by defendant’s negligence, and the commissioner to whom it was referred having made his report, both parties have excepted to that report. The principal objection made by the defendant is to the allowance of $1,000 for the value of the canal boat. The libellant testified that the boat was worth $1,500 at the time of its loss. Of two other witnesses called by him one makes her worth $1,800, and the other $1.400. On the other hand, the defendant called six witnesses as to value, one of them the builder of the boat. They put her value at from $300 to $600. They had not
As to the cabin furniture and personal property, reported at $361.22, there is no evidence conflicting with the values given by Mrs. Gilooley, on which this finding is based; nor can the property, in the absence of evidence, be regarded as of any value after being submerged in mud and water for two months. The boat was raised, and part of her cargo saved. The cargo consisted of 223 tons of coal. Only 169 tons are accounted for as saved and sold by the wreckers. The defendants claim that this loss in quantity is not accounted for. I do not think, however, that the libellant should be charged with this loss. The coal was mixed with mud; one solid mass. It had to be dug out, screened, and washed. By this process doubtless a considerable part of the loss may be accounted for. And part may have been lost in the sinking of the boat or in raising her, and part was never got out of her. The coal saved and cleaned was mostly sold at retail at Harlem by a man employed by the wreckers for that purpose, to whom the wreckers appear to have paid $210 for this service. The commissioner has reported this item of expense not satisfactorily proved, and has allowed $42.70, at the rate of 35 cents a ton. I agree with the commissioner in thinking the charge of $210 so exorbitant that it ought not, upon the testimony, to be allowed to any greater amount than the sum of $12.70 allowed by the commissioner. This was shown to be the full and fair value of the service rendered, and, if anything was paid beyond this, the burden is thrown on libellant of showing that such further payment was proper and necessary. A loss which has happened through the extravagance or gross carelessness of the libellant, or those employed by him, after the property was restored to him, cannot be attributed to the negligence of the defendant.
The other objections are all overruled. Li-bellant's exceptions overruled. Defendant’s exception as to allowance for value of boat sustained, and that item reduced to $600. Defendant’s exceptions otherwise overruled. Decree to be entered in conformity hereto.
Reference
- Full Case Name
- GILOOLEY v. PENNSYLVANIA R. CO.
- Status
- Published