C. Crane & Co. v. Fry

Citations

• 126 F. 278
• 61 C.C.A. 260
• 1903 U.S. App. LEXIS 4310

Syllabus

<p>1. Evidence — Relevancy.</p> <p>Plaintiff sued defendant corporation for the value of certain railroad ties alleged to have been lost through defendant’s negligence in operating a boom. The contract for booming the ties was made by plaintiff with a man who was general manager of defendant, and also of another company, which originally constructed the boom. A question at issue was whether the contract was made with defendant or such other company, and plaintiff introduced evidence to show that defendant used the boom and collected sums due for its use by others, claiming that defendant had operated the boom for years. Held, that evidence was admissible on behalf of defendant to show that the sums so collected were accounted for to the other company, as explaining the transactions shown by plaintiff’s evidence, and tending to negative his claim.</p> <p>2. Same — Expert Testimony — Operation of Loo Booms.</p> <p>The proper conduct and management of a log boom, and what is practicable to be done in its operation, are matters of expert knowledge, and expert testimony is admissible on an issue as to negligence or improper management in handling logs therein.</p> <p>3. Contracts — Action for Breach — Pleading.</p> <p>A declaration alleged a contract by defendant to boom timbers for plaintiff, and that, through negligent operation of the boom the timbers were lost. In one count it was alleged that defendant operated the hoom as owner, and in another as lessee. Held, that defendant’s title to the boom was immaterial, and that if it made the contract, and was operating the boom in either capacity, it was responsible, and plaintiff was entitled to recover, under the declaration, for any loss resulting from its want of ordinary care.</p> <p>4 Boom Companies — Liabilities—Measure of Care Required.</p> <p>The operator of a boom contracts to care for and deliver logs floated into the boom, and is bound to the exercise of ordinary care and diligence in performing the contract in