Legal Opinion

Shepherd v. Mitchill

New York Supreme Court

Decided January 15, 1813PublishedCited by 3 opinions

^ ERROR, on certiorari, from a justice’s court. Mitchill sued Shepherd, before the justice, and declared that he was indebted to him, 13 dollars and 75 cents, for piloting the ship Co-^um^us> drawing 11 feet water, from sea, up to the city of NewYork, on the 7th January, 1810, and also for 4 dollars, in addition, p, on account of the piloting being between the 1st December and the 1st April, under the act of the 4th April, 1805, relative to the mas*er aQd wardens of the port…

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^ ERROR, on certiorari, from a justice’s court. Mitchill sued Shepherd, before the justice, and declared that he was indebted to him, 13 dollars and 75 cents, for piloting the ship Co-^um^us> drawing 11 feet water, from sea, up to the city of NewYork, on the 7th January, 1810, and also for 4 dollars, in addition, p, on account of the piloting being between the 1st December and the 1st April, under the act of the 4th April, 1805, relative to the mas*er aQd wardens of the port of New-York. The defendant pleaded non assumpsit; and that if the plaintiff was entitled to any , . J J J thing, yet as…

1Per curiam

The act (sess. 28. c. 81.) gives the rate of pilotage for piloting a vessel from the eastward or southward of the outer middle ground to the port of New-York, and the rate of pilotage for piloting her from the westward of that ground to the port of New-York. The situation of the vessel when the pilot is received on board, is always a matter of fact and of proof, and the weight of evidence in this case, was decidedly in favour of the conclusion drawn by the justice that the vessel was to the S. or E. of the outer middle ground. This testimony was, however, objected to, because the pilot had…

2Cited by3 opinions

  1. Piatt v. OliverU.S. Circuit Court for the District of Ohio · 1837
  2. Brazee v. WoodsTexas Supreme Court · 1872
  3. The Wave v. HyerU.S. Circuit Court for the District of Southern New York · 1863

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