Hart v. Allen & Grant
Supreme Court of Pennsylvania
ALLEGHANY county. Common pleas. This was an action on the case by Allen and Grant against Scudder Hart and others, surviving partners of the steamboat Bolivar.
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ALLEGHANY county. Common pleas. This was an action on the case by Allen and Grant against Scudder Hart and others, surviving partners of the steamboat Bolivar. The plaintiffs gave in,evidence a bill of lading, dated at Cincinnati, 18th of December 1826, of nine chests of tea shipped on board the Bolivar for the plaintiff in Pittsburgh, “ to be delivered in good order, unavoidable accidents and the dangers of the river excepted, they paying freight, 50 cents per hundred pounds; and if the owners of the boat should be compelled to re-ship them, 62 cents per hundred pounds.” That the teas were…
1Opinion of the Court
The opinion of the Court was delivered by
Gibson, C. J.
Had the judge said no more than that the carrier is bound to provide a carriage or vessel in all respects adequate to the purpose, with a conductor or crew of competent skill or ability, and that “failing in these particulars, though the loss be occasioned by the act of God, he shall not set up a providential calamity to protect himself against what may have arisen from his own folly;” there would have been no room for an exception. But the cause was eventually put to the jury on a different principle : “ though the accident resulted from…
2Cases cited2 opinions
- President for erecting a Bridge over the River Lehigh v. Lehigh Coal & Navigation Co.Supreme Court of Pennsylvania · 1833
- Bell v. ReedSupreme Court of Pennsylvania · 1810
3Cited by13 opinions
- Rugart v. Keebler-Weyl Baking Co.Supreme Court of Pennsylvania · 1923
- Read v. . SpauldingNew York Court of Appeals · 1864
- Berry v. Cooper & BoykinSupreme Court of Georgia · 1859
- Delaware & Chesapeake Steam Towboat Co. v. StarrsSupreme Court of Pennsylvania · 1871
- Souter v. BaymoreSupreme Court of Pennsylvania · 1847
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