Gates v. Miles
Supreme Court of Connecticut
THE plaintiffs declared, that they were the sole owners of the sloop Mary ; and on the 13th of March, 1815, said sloop, with a valuable cargo on board, was proceeding lawfully through Long-Island sound, under the direction of the plaintiffs, to New-York; and the defendant was, at the same time, sole owner of the sloop Susan, which was proceeding through Long-Island sound to Mew-Haven, under the defendant’s direction ; yet the defendant, not regarding his duty in that behalf,…
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THE plaintiffs declared, that they were the sole owners of the sloop Mary ; and on the 13th of March, 1815, said sloop, with a valuable cargo on board, was proceeding lawfully through Long-Island sound, under the direction of the plaintiffs, to New-York; and the defendant was, at the same time, sole owner of the sloop Susan, which was proceeding through Long-Island sound to Mew-Haven, under the defendant’s direction ; yet the defendant, not regarding his duty in that behalf, while the plaintiffs’ sloop was lawfully pursuing her voyage as aforesaid, viz. on said 13th of March, 1815, took so…
1Opinion of the Court
Hosmer, Ch. J.
The right determination of this case, depends on a correct answer to the following questions; what action has the plaintiff instituted ; and what is the legal remedy applicable to the facts, which appear on the motion for a new trial ? As no suit can be maintained for trespass vi et armis after three years, and as in trespass on the case there is no limitation, it becomes highly important to preserve the established boundaries between these actions.
What action has the plaintiff instituted ? His declaration is founded merely on non-feasance. From the frame of the action it…
2Cases cited1 opinion
- Jones v. StoneCourt of Appeals of Texas · 1884
3Cited by5 opinions
- Thames Manufacturing Co. v. LathropSupreme Court of Connecticut · 1829
- Wyant v. CrouseMichigan Supreme Court · 1901
- Bristol Manufacturing Co. v. GridleySupreme Court of Connecticut · 1859
- Buskirk v. StricklandMichigan Supreme Court · 1882
- Gibson v. ChouteauSupreme Court of Missouri · 1867