Legal Opinion

Robinson v. Steam Boat Red Jacket

Michigan Supreme Court

Decided January 15, 1849PublishedCited by 4 opinions

Case reserved from Wayne Circuit Comí. Proceedings by attachment, under the act to provide for the collection of demands against boats and vessels, approved April 10th, 1839, Ses.

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Case reserved from Wayne Circuit Comí. Proceedings by attachment, under the act to provide for the collection of demands against boats and vessels, approved April 10th, 1839, Ses. L. 1839, p. 70. The complaint was filed on 26th October, 1847, and charged the injury to have been .committed on the 13th November, 1846. The act under which the proceedings were instituted, was repealed by ch. 173, R. S., which took effect 1st March, 1847. The defendant demurred, and the questions raised by the pleadings were reserved by the circuit court for the opinion of this court.

1Opinion of the Court

*172 By the court,

Whipple, C. J.

On. the 26th October, 1847, the complainant filed his complaint under the fourth subdivision of section 1 of the act entitled “ An act to provide for the collection of demands against boats and vessels,” Ses. L. 1839, p. 70.

That section, among other things, provides, “ that every boat or vessel used in navigating the waters of this state, shall be liable for all injuries done to persons or property by such boat or vessel, in all instances where the same is shown to have occurred through the negligence or misconduct of the master or hands thereon employed.” The…

2Cases cited1 opinion

  1. People ex rel. Fleming v. LivingstonNew York Supreme Court · 1831

3Cited by4 opinions

  1. Common Council v. Board of AssessorsMichigan Supreme Court · 1892
  2. Merrick v. Avery, Wayne & Co.Supreme Court of Arkansas · 1854
  3. Tinker v. Van DykeU.S. Circuit Court for the District of Eastern Michigan · 1876
  4. The Theodore PerryDistrict Court, E.D. Michigan · 1878

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