Hice v. Kugler
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Northampton County. John Kugler brought an action on the case in that court against George A. Hice, to recover damages for alleged misconduct on the part of the defendant, who had been employed by the plaintiff as steersman of a boat belonging to the plaintiff, on the river Lehigh.
Read the full summary
Error to the Court of Common Pleas of Northampton County. John Kugler brought an action on the case in that court against George A. Hice, to recover damages for alleged misconduct on the part of the defendant, who had been employed by the plaintiff as steersman of a boat belonging to the plaintiff, on the river Lehigh. On the trial before Banks, (President) evidence was given on both sides respecting the conduct of the defendant in the management of the boat, the usages of the navigation, and other matters relating to the issue. The learned judge charged the- jury in substance as follows. “…
1Opinion of the Court
The opinion of the court was delivered by
Gibson, C. J.
Actual negligence was made the turning point of the cause; and the direction in respect to the supposed consequences of the defendant's want of objection to the furniture and equipage of the boat, was subordinate to it, and immaterial. What matters a mistake about the consequences of a waiver of objection, when no objection would have excused the conduct which is the subject of the action. If the want of proper boat-poles would be no justification of positive neglect to take proper measures, and do the best with the means in hand, no…
2Cases cited1 opinion
- M'Ginn v. HolmesSupreme Court of Pennsylvania · 1833
3Cited by1 opinion
- Delaware & Chesapeake Steam Towboat Co. v. StarrsSupreme Court of Pennsylvania · 1871