Barber v. Brace
Supreme Court of Connecticut
THIS was an action on the case against the defendants, as owners of the sloop Mary, for the loss, by negligent management and ca'reless stowage, of eight hogsheads of gin, shipped on hoard that vessel at Hartford, to be transported thence to Boston. The cause was tried at Hartford, February term, 1819, before Hosmer and Peters, Js.
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THIS was an action on the case against the defendants, as owners of the sloop Mary, for the loss, by negligent management and ca'reless stowage, of eight hogsheads of gin, shipped on hoard that vessel at Hartford, to be transported thence to Boston. The cause was tried at Hartford, February term, 1819, before Hosmer and Peters, Js. On the 27th of November, 1816, the plaintiff, living at East-Windsor, sent down Connecticut river, to Harford, in a boat under the care of one David Abbe, eight hogsheads of gin, to be transported thence to Boston, in the sloop Mary, of which the defendants were…
1Opinion of the Court
Hosmer, Ch. J.
The defendants undertook, by a contract in writing, to transport, on board the sloop Mary, eight hogsheads of gin, from Hartford to Boston. They were stowed on the vessel’s deck, and were cast overboard in tempestuous weather. It is not pretended, that the jettison was without justifiable cause ; but that the loss was occasioned by negligent management, and careless stowage. The gin, it is said, ought to have been put in the hold of the vessel, and not on her deck. The defendants claimed, that the stowage on deck was pursuant to an agreement of the parties, made posterior to the…
2Cases cited4 opinions
- Stevens v. CooperNew York Court of Chancery · 1815
- Sterry v. ArdenNew York Court of Chancery · 1814
- Botsford v. BurrNew York Court of Chancery · 1817
- Halsey v. BrownSupreme Court of Connecticut · 1809
3Cited by22 opinions
- Lawrence v. Stonington BankSupreme Court of Connecticut · 1827
- State v. BrockhausSupreme Court of Connecticut · 1899
- Stapleton v. KingSupreme Court of Iowa · 1871
- Hamblett v. HamblettSuperior Court of New Hampshire · 1833
- Isett v. LucasSupreme Court of Iowa · 1864
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