Toulman v. Elliot
Supreme Court of Louisiana
APPEAL FROM THE COURT OF THE FIRST JUDICIAL DISTRICT. The plaintiffs allege, they are the owners of the brig Hokomok, and that on the 8th February, 1836, in the Mississippi river, the defendants, in consequence of their negligent and unskillful conduct, in the management of their respective vessels, which were both adrift in the river, they broughtthem in contact and collision of the brig, which was lying safely moored at the levee port, and occasioned loss and damage in her…
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APPEAL FROM THE COURT OF THE FIRST JUDICIAL DISTRICT. The plaintiffs allege, they are the owners of the brig Hokomok, and that on the 8th February, 1836, in the Mississippi river, the defendants, in consequence of their negligent and unskillful conduct, in the management of their respective vessels, which were both adrift in the river, they broughtthem in contact and collision of the brig, which was lying safely moored at the levee port, and occasioned loss and damage in her hull and rigging, ¿mounting to six hundred dollars, for which they are liable. The defendants severed in their answers.…
1Opinion of the CourtMartin, J.
The plaintiffs claim damages from the defendants, as masters of two vessels, for a collision and injury to their vessel, occasioned by the negligent conduct of the defendants.
There was a judgment in favor of one of the defendants, and of non-suit in favor of the other. The plaintiffs appealed.
The defendants severed in their pleas; and after the plaintiffs introduced all their evidence, the counsel of one of the defendants moved for a non-suit, which was granted.
The other defendant proceeded with his testimony, and it is contended and established, that the collision was occasioned by the fault…
2Cited by4 opinions
- Burt v. Shreveport Ry. Co.Supreme Court of Louisiana · 1917
- Goldsmith v. Unity Industrial Life InsuranceLouisiana Court of Appeal · 1930
- Deimel v. EtheridgeLouisiana Court of Appeal · 1940
- Southworth v. City of New OrleansSupreme Court of Louisiana · 1872