Foster v. Holly
Supreme Court of Alabama
Appeal from the City Court of Mobile. Tried before the Hon. Alex. McKinstry. The complaint in this case was in the following words .t “W. D. F. Holly 1 The plaintiff claims of the defendías. ! ants fifteen hundred dollars, for that David Eoster, and f whereas, heretofore, to-wit, on the William Foster.
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Appeal from the City Court of Mobile. Tried before the Hon. Alex. McKinstry. The complaint in this case was in the following words .t “W. D. F. Holly 1 The plaintiff claims of the defendías. ! ants fifteen hundred dollars, for that David Eoster, and f whereas, heretofore, to-wit, on the William Foster. J 23d day of October, 1859, a certain 'schooner, called Clotilda, of which one Wright is and was master, and which is and was at the time the property of said defendants, was sailing up the bay of Mobile, between Pilot’s island and the city of Mobile, while a skiff, or small boat, in which was…
1Opinion of the CourtA. J. Walker, C. J.
It is probable that the tendency ■" of the second charge given by the court was to mislead'-»’ the jury ; but we will not reverse on that account. If in* fact the place where the skiff was hitched-was-'safe and se-~ cure, except as rendered otherwise by the negligence of'defendants’ vessel, we suppose it might-bd affirmed, as a legal ‘ proposition, that it was in a proper place. But a skiff-would certainly be fastened in an improper place, if-hitched so as to be difficult • of removal, in the channel along which .vessels auei frequently passing. The place would be improper, because of the…
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- Culbertson v. the Steamer Southern BelleSupreme Court of the United States · 1856
- Rathbun & West v. PayneNew York Supreme Court · 1838
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