Crawford v. Allegheny City

Citations

• 1 Monag. 106
• 16 A. 476
• 1889 Pa. LEXIS 1280

Syllabus

<p>In a case, involving the correctness of the rulings of the court on the question of the degree of care due, by the owner of a public wharf, to a navigator of a river, And verdict and judgment were in favor of the defendant, and it is denied by the defendant in error that the plaintiff was a navigator, and the evidence is not printed in the paper boohs, the supreme court will not reverse, although error may have been committed in the court below.</p> <p>_ It seems that, where a navigator uses a river wharf owned by a municipality, for the mooring of his rafts and timber, paying toll or wharfage therefor, the measure of care due to a navigator is utmost care, and it is error on the part of the court to modify a request so to instruct the jury, by saying that utmost care means reasonable and proper care in view of the safety of the rafts and other craft, although it was stated in the general charge that the appliances must be ordinarily sufficient in such waters as were bound to be anticipated in high floods from year to year, but not in extraordinary floods amounting to an act of God.</p> <p>It seems, also, that the owner of a public wharf does not owe as great a degree of care to a lessor of a portion of the wharf for purposes of storage in connection with the business of manufacturing, as to navigators.</p>