Hays v. Kennedy
Supreme Court of Pennsylvania
Error to the District Court of Allegheny county. This tvas an action on the case, brought January 14th 1860, by Sheldon B. Hays and Charles Hays, partners doing business as S. B. & C. Hays, against Thomas Kennedy, James Campbell, J.' B. Bell, and John Lamont, who survived Washington Mason and James G. Caldwell, deceased, late owners of the steamboat “Nat Holmes.” The writ was served only on Kennedy, Lamont, and Bell, for whom an appearance was entered.
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Error to the District Court of Allegheny county. This tvas an action on the case, brought January 14th 1860, by Sheldon B. Hays and Charles Hays, partners doing business as S. B. & C. Hays, against Thomas Kennedy, James Campbell, J.' B. Bell, and John Lamont, who survived Washington Mason and James G. Caldwell, deceased, late owners of the steamboat “Nat Holmes.” The writ was served only on Kennedy, Lamont, and Bell, for whom an appearance was entered. The case was this: — The plaintiffs had shipped on the steam boat “ Nat Holmes,” from the port of Wheeling, Virginia, for St. Lonis, Missouri,…
1Opinion of the Court
The opinion of the court was delivered,
by Lowrie, C. J.
By a collision between two steamboats on the Ohio river one of thorn was sunk, without any carelessness on its part, and by reason of carelessness on the part of the other; are the owners of the sunk boat liable, as carriers, for goods lost by the accident, under a bill of lading that contains the exception of “the unavoidable dangers of the river navigation?”
The counsel have thought it necessary to discuss the question, whether or not this exception in the contract in any degree varies the liability of the carriers from what it would be…
2Cases cited5 opinions
- McArthur v. SearsNew York Supreme Court · 1839
- Curtis v. GroatNew York Supreme Court · 1810
- Williams v. GrantSupreme Court of Connecticut · 1816
- Fergusson v. BrentCourt of Appeals of Maryland · 1858
- Holeman v. LammeIndiana Supreme Court · 1842
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- Camacho v. Compañía Popular de Transporte, Inc.Supreme Court of Puerto Rico · 1949
- Rhymer v. Delaware, Lackawanna & Western RailroadSuperior Court of Pennsylvania · 1905
- Camacho v. Compañía Popular de Transporte, Inc.Supreme Court of Puerto Rico · 1949
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