Inman v. Funk
Court of Appeals of Kentucky
Error to the Jefferson Circuit. Case, Case 130. Case stated. It is the duty of those conducting boats on navigable streams to uso all reasonable care and effort to avoid damage to, or collision with other boats, whether they be weak or strong; the weakness of the boat injured by collision, where there is a want of due care, will afford no protection to the defendant, but require an increased care.
1Opinion of the CourtChief Justice Marshall
This action on the case by Inman, Galt, &c., against Funk, is founded on the allegation that the plaintiffs be* ing possessed of a flat boat loaded with coke, tied to the wharf at Louisville, and the defendant being possessed of another flat boat, &c., the defendant did, by himself and servants, manage, and control his boat so carelessly, that it ran against the plaintiff’s boat, whereby she was sunk and the coke lost, &c. The collision occurred in removing the defendant’s boat from a position above to one below that of the plaintiff’s boat, in doing which the defendant’s boat necessarily…
2Cited by3 opinions
- Monongahela River Consolidated Coal & Coke Co v. Lancaster's AdministratorCourt of Appeals of Kentucky · 1916
- Jeffersonville Railroad v. MartinIndiana Supreme Court · 1858
- Amoskeag Manuf'g Co. v. The John AdamsU.S. Circuit Court for the District of Massachusetts · 1860