Steamboat Champion v. Jantzen
Ohio Supreme Court
This is a writ of error, directed to the court of common pleas of Hamilton county. The action below was for an assault and battery. It was commenced in the court of common pleas of Hamilton county, under the law “providing for the collection of claims against steamboats and other water-crafts, and authorizing proceedings against the same by name,” and was submitted to the jury on the plea of the general issue.
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This is a writ of error, directed to the court of common pleas of Hamilton county. The action below was for an assault and battery. It was commenced in the court of common pleas of Hamilton county, under the law “providing for the collection of claims against steamboats and other water-crafts, and authorizing proceedings against the same by name,” and was submitted to the jury on the plea of the general issue. On the trial, a verdict was returned by the jury in favor of the then plaintiff, and the damages assessed at $325. A motion was made by the plaintiff in error for a new trial, which was…
1Opinion of the CourtHitchcock, J.
The decision of this case depends entirely upon the construction which shall be given to the act under which the
original suit was brought, to wit, “the act providing *for the collection of claims against steamboats and other water-crafts, and authorizing proceedings against the same by name.” Without that act, no one would ever have thought of commencing an action of trespass for an assault and battery, in a common-law court, against any water-craft by name. But by the act referred to, this mods of proceeding seems to be authorized in some, if not in all cases,. Section 1 of the act is in…
2Cited by1 opinion
- Muzzy v. LedlieWisconsin Supreme Court · 1868