City of Petersburg v. Applegarth's adm'r
Supreme Court of Virginia
This is a supersedeas to a judgment of the circuit court of the city of Petersburg, rendered on the 4th day of June 1873, in an action of trespass on the case brought by William Applegarth against the city of Petersburg. The declaration contained four counts.
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This is a supersedeas to a judgment of the circuit court of the city of Petersburg, rendered on the 4th day of June 1873, in an action of trespass on the case brought by William Applegarth against the city of Petersburg. The declaration contained four counts. The first was in substance as follows: that before and at the time of the committing of the grievances, hereinafter mentioned, the defendant was the owner, and was possessed of a certain wharf for the landing, mooring, loading and unloading of vessels on the banks of the Appomattox river, within the corporate limits of the city of…
1Opinion of the Court
Moncure, P.,
delivered the opinion of the court.
After stating the case he proceeded: The court is of opinion, that according to the principles of *339the common law, the owner of a wharf who re■ceives, or is entitled to receive, wharfage for vessels moored to said wharf, is bound to use at least ordinary care and diligence in keeping the water adjacent to such wharf, in which vessels lie while moored thereto, free from obstructions, and is liable for any damage done to any such vessel by reason of the neglect of such duty; and that the same principles apply, whether such owner be an individual or…
2Cases cited1 opinion
- City of Richmond v. Long's Adm'rsSupreme Court of Virginia · 1867
3Cited by22 opinions
- South Carolina v. United StatesSupreme Court of the United States · 1905
- Hoggard v. City of RichmondSupreme Court of Virginia · 1939
- Esberg Cigar Co. v. City of PortlandOregon Supreme Court · 1899
- Maia's Adm'r v. Eastern State HospitalSupreme Court of Virginia · 1899
- Heitman v. City of Lake CitySupreme Court of Minnesota · 1947
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