Ready v. Steamboat Highland Mary
Supreme Court of Missouri
Appeal from Jackson Circuit Court. relied upon Collier v. Valentine, 11 Mo. Rep. 310. The fact of “negligence” is-found by the court. This is,not’to be understood as a declaration of the legal proposition that, under all circumstances, it would be negligence in a boat to pass a difficult and dangerous channel after daylight.
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Appeal from Jackson Circuit Court. relied upon Collier v. Valentine, 11 Mo. Rep. 310. The fact of “negligence” is-found by the court. This is,not’to be understood as a declaration of the legal proposition that, under all circumstances, it would be negligence in a boat to pass a difficult and dangerous channel after daylight. That such was not the meaning of the court is obvious from the other facts found, viz : that the dangerous condition of the river, at this bend, was known to the officers of the boat, and that the guard of the boat was struck, and not the hull, and consequently by a limb…
1Opinion of the CourtGrAMELB, Judge
Ready filed a complaint, under the statute, against the Highland Mary, charging that he had taken passage on the boat at Rocheport to go to Kansas, and that he had taken with him on board the boat a horse, to be transported on the same voyage, and be delivered at Kansas, the dangers of the river and fire excepted ; that he was to pay for his own passage five dollars, and for the transportation of his horse the same sum; that on the voyage, by reason of the negligence of the officers and crew •of the boat in placing the horse in an insecure place on the boat, and by negligent and careless…
2Cases cited1 opinion
- Collier v. Valentine ex rel. St. Louis InsuranceSupreme Court of Missouri · 1848
3Cited by2 opinions
- Lemon v. ChanslorSupreme Court of Missouri · 1878
- Cox v. St. Louis, Memphis & Southeastern Railway Co.Missouri Court of Appeals · 1907