Gardner v. Thomas
New York Supreme Court
IN ERROR, on certiorari, to the justice’s court of the city of N ew-Y ork. Thomas brought an action against Gardner, in the court below, for an assault and battery committed on the plaintiff by Gardner on the high seas, on board the snow Navigator, of vvhich Gardner was the master, and the plaintiff a seaman on Board the same vessel.
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IN ERROR, on certiorari, to the justice’s court of the city of N ew-Y ork. Thomas brought an action against Gardner, in the court below, for an assault and battery committed on the plaintiff by Gardner on the high seas, on board the snow Navigator, of vvhich Gardner was the master, and the plaintiff a seaman on Board the same vessel. The defendant below pleaded in bar, that at the time of committing the supposed assault and battery, both the plaintiff and defendant were, and still are, British subjects, and that the cause of action, if any, accrued to the plaintiff on board the said snow…
1Opinion of the CourtYates, J.
This cause comes up on certiorari to the justices’ court in New-York. The action was for an assault and battery. The defendant pleaded *137that the assault and battery (if any) was committed on board of a British vessel upon the high seas, and that the plaintiff and defendant were both British subjects, one the master, and the other a sailor, on board the same vessel. To this plea there was a demurrer and joinder, on which judgment was given for the plaintiff below.
The question presented by this case is, whether this court will take cognizance of a tort committed on the high seas, on board of a…
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