Wallace v. Merrimack River Navigation & Express Co.

The plaintiff was sailing Ms yacht on the Lord’s day, and thus travelling in violation of the Gen. Sts. c. 84, § 2, which permits this only for reasons of necessity or charity, none of which are assigned by him. He contends that he may recover upon the first count of his declaration, alleging that the defendant carelessly and negligently ran its steamboat into his yacht while thus sailing. Where the illegal act of a plaintiff contributes to the injury he recéives from the carelessness of another, he cannot recover; but if his illegal act is independent of the injury, he is not thereby…