Union Steamship Co. v. Nottinghams
Supreme Court of Virginia
This was an action on the case in the Circuit court of the city of Norfolk, broug-ht by Ueonar.d B. and Victor A. Nottingham, survivors of themselves and John D. Moore deceased, against The Union Steamship Company, *to recover damages for an injury alleged to have been done to their schooner Amazon by the steamer City of Richmond, owned by the defendants.
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This was an action on the case in the Circuit court of the city of Norfolk, broug-ht by Ueonar.d B. and Victor A. Nottingham, survivors of themselves and John D. Moore deceased, against The Union Steamship Company, *to recover damages for an injury alleged to have been done to their schooner Amazon by the steamer City of Richmond, owned by the defendants. The declaration charged, that the plaintiffs and Moore were the owners of the Amazon, a schooner of the burthen of about thirty tons, and that on the 8th of March, 1855_, she was sailing up the James river with a cargo on board, also…
1Opinion of the CourtJoynfs, J.
The gravamen of this action is negligence on the part of the defendants, through their agents and servants, in the management of their steamer, which is alleged to have been the cause of the collision by which the plaintiff’s schooner was sunk. Unless such negligence existed and was the cause of the collision, the action cannot be sustained.
There is no direct evidence on this subject. The evidence does not show whether the steamer did or did not keep a proper lookout, or whether she did or did not show proper lights, nor how she was navigated or otherwise managed before or at the moment of…
2Cases cited1 opinion
- Tutt v. Slaughter's adm'rSupreme Court of Virginia · 1849
3Cited by5 opinions
- Clark's Adm'r v. R. & D. R. R.Supreme Court of Virginia · 1884
- Richmond & Danville R. R. v. Moore's Adm'r.Supreme Court of Virginia · 1883
- Richmond & Danville R. R. v. WilliamsSupreme Court of Virginia · 1889
- Wilkins v. Foss Launch & Tug Co.Washington Supreme Court · 1944
- Trout v. Va. & Tenn. R. R.Supreme Court of Virginia · 1873