Mott v. Chew

Citations

• 137 F. 197
• 1905 U.S. App. LEXIS 5218

Syllabus

<p>Negligence—Damages—Pboximate Cause.</p> <p>Defendants contracted to furnish plaintiff a tug to leave V. not later than April 7, 1903, to haul stones to protect an ocean bulkhead, which plaintiff was constructing, from tides and storms. Plaintiff alleged that on April 7th he had completed 500 feet of the bulkhead, which he then desired to have protected by stone ballast, but that defendants willfully delayed the departure of the tug, and then sent it with a scow in tow so that it did not reach plaintiff’s property until April 10th, and was unable to then tow enough stone to protect the bulkhead before April 12th, when a violent storm occurred, and wrecked all that part of the bulkhead constructed, except that which had been protected by stones towed on two days after the tug’s arrival. Held, that defendants’ negligence in failing to promptly and properly transmit the tug as agreed was the proximate cause of plaintiff’s damage.</p>