The Lord Derby
U.S. Circuit Court for the District of Eastern Louisiana
Admiralty Appeal. The libelant, a pilot, was taken on board the steam-ship at the mouth of the Mississippi river, and while on the voyage up the river to New Orleans ho was very seriously bitten by a dog, which had been brought from Europe for sale in this country, and which was, kept in the cabin, chained under the table. This suit was brought against the vessel in rein for damages suffered thereby by the libelant.
1Opinion of the CourtPardee, J.
The questions presented in this case are: First. Is the proceeding properly brought against the ship ? Second. Was there negligence on the part of those in charge of the ship in caring for the, dog, resulting in the injuries to libelant ? Third. What damages, if any, shall libelant recover ?
1. It is contended that the case, as presented in the libel, shows a case of assault and battery, which, under the sixteenth admiralty rule, “shall be in personam only.” The ingenuity which suggested the point has not failed to supply the court with an ingenious argu*266ment to support it. This definition is…
2Cases cited3 opinions
- Cushman v. RyanU.S. Circuit Court for the District of Massachusetts · 1840
- Taylor v. HarwoodU.S. Circuit Court for the District of Maryland · 1845
- The NarragansettU.S. Circuit Court for the District of Southern New York · 1847
3Cited by9 opinions
- Norfolk & Western Railway Co. v. AyersSupreme Court of the United States · 2003
- Ryan Stevedoring Co. v. United StatesCourt of Appeals for the Second Circuit · 1949
- Perry v. Carolina TheatreSupreme Court of South Carolina · 1936
- The AnacesCourt of Appeals for the Fourth Circuit · 1899
- Westwater v. Southern Pacific Co.California Court of Appeal · 1940
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