Delaware & Chesapeake Steam Towboat Co. v. Starrs
Supreme Court of Pennsylvania
Error to the District Court of Philadelphia: No. 248, to January Term 1871. This was an action on the case, commenced September 30th 1869, by Francis Starrs against The Chesapeake and Delaware Towboat Company.
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Error to the District Court of Philadelphia: No. 248, to January Term 1871. This was an action on the case, commenced September 30th 1869, by Francis Starrs against The Chesapeake and Delaware Towboat Company. The declaration alleged that the defendants were engaged in the business of towing vessels between Philadelphia and Baltimore by means of steamboats; that the plaintiff delivered his boat to them to be towed from Baltimore; “ and that the defendants so carelessly, negligently and improperly conducted themselves that, by want of due care, skill, diligence and seamanship, by them and…
1Opinion of the Court
The opinion of the court was delivered, February 27th 1871, by
Sharswood, J.
The first three assignments of error relate to the admission of the opinions of witnesses produced as experts. It is objected that they were not first shown to be such. This is a preliminary question to be determined by the court in the first instance. If the court shall think they are primá. facie qualified, it will then be for the jury to decide whether any, and, if any, what weight is to be given to their testimony. It is a matter very much within the discretion of the court below, and if it appears that the…
2Cases cited2 opinions
- Hart v. Allen & GrantSupreme Court of Pennsylvania · 1833
- Hice v. KuglerSupreme Court of Pennsylvania · 1841
3Cited by17 opinions
- Commonwealth v. CavalierSupreme Court of Pennsylvania · 1925
- Allegro v. Rural Valley Mut. Fire Ins.Supreme Court of Pennsylvania · 1920
- Hencken v. Bethlehem Municipal Water AuthoritySupreme Court of Pennsylvania · 1950
- Davis v. Southern Surety Co.Supreme Court of Pennsylvania · 1930
- Tennant v. Hartford Steam Boiler Inspection & InsuranceSupreme Court of Pennsylvania · 1944
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