Legal Opinion

Broadwell v. Swigert

Court of Appeals of Kentucky

Decided September 21, 1846PublishedCited by 5 opinions

Appeal prom the Louisville Chancery Court. Chancery. Case 12. Case slated. Instructions of the court to the jury- ¡Rulaiof liability for assessing damages for injuries done to vessels at sea, is'not the rule of liability for injuries to steamboats on the ■Ohio; the first is governed by admiralty law, the latter by the common law. —J3y the common law, if the officers of two vessels coming in collision were both in fault,neither can recover, so if the collision was putely…

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Appeal prom the Louisville Chancery Court. Chancery. Case 12. Case slated. Instructions of the court to the jury- ¡Rulaiof liability for assessing damages for injuries done to vessels at sea, is'not the rule of liability for injuries to steamboats on the ■Ohio; the first is governed by admiralty law, the latter by the common law. —J3y the common law, if the officers of two vessels coming in collision were both in fault,neither can recover, so if the collision was putely accidental and unavoidable. It is not in the power of the judiciary of Kentucky to adopt the civil law or the marine code of…

1Opinion of the CourtChief Justice Ewihg

The owners of the steamboat Bob Letcher filed their bill in the Louisville Chancery Court, to attach the steamboat Hard Times, to answer damages sustained by the former boat, on a charge that she had been run into and sunk on the Ohio river on her downward trip from Frankfort to Louisville, by the Hard Times, in hei ascending course on the river. A jury was summoned and sworn *40to inquire into and determine upon the facts submitted to them, and the Chancellor gave the following instructions to them:

Instructions of the court to the jury-

“1st. If they believe that the steamer Bob Letcher was…

2Cases cited1 opinion

  1. Simpson v. HandSupreme Court of Pennsylvania · 1841

3Cited by5 opinions

  1. Martin, Wise & Fitzhugh v. Texas & Pacific Railway Co.Texas Supreme Court · 1894
  2. Duggins v. WatsonSupreme Court of Arkansas · 1854
  3. Owners of Steamboat Farmer v. McCrawSupreme Court of Alabama · 1855
  4. Monongahela River Consolidated Coal & Coke Co v. Lancaster's AdministratorCourt of Appeals of Kentucky · 1916
  5. Frankfort Elevator Coal Co. v. PrewettCourt of Appeals of Kentucky (pre-1976) · 1926

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