Henderson v. Spofford
New York Court of Appeals
Appeal from judgment of the General Term of the Court of Common Pleas, held in and for the city and county of Hew York, affirming a judgment of the First District Court in favor of plaintiff. (Reported below, 3 Daly, 361; 10 Abb. Pr. [N. S.], 140.) This action was brought to recover fees for pilotage out of the port of Hew York of a sea-going steam vessel owned by defendants.
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Appeal from judgment of the General Term of the Court of Common Pleas, held in and for the city and county of Hew York, affirming a judgment of the First District Court in favor of plaintiff. (Reported below, 3 Daly, 361; 10 Abb. Pr. [N. S.], 140.) This action was brought to recover fees for pilotage out of the port of Hew York of a sea-going steam vessel owned by defendants. The plaintiff was a pilot hy way of Sandy Hook, duly licensed hy the board of commissioners of the State, and as the vessel was leaving for San Domingo, offered his services to the master and owners to pilot her to sea,…
1Opinion of the CourtGrover, J.
The only question in this case is, whether section 29, of the act of 1853 (chapter 467), to provide for the licensing and government of pilots, and regulating pilotage in the port of Hew York, as amended by subsequent statutes, is still in force, or whether the same has been abrogated by the subsequent acts of Congress. That section provides that all masters of foreign vessels, and vessels from a foreign port, and all vessels sailing under a register, bound to or from the port of Hew York, by way of Sandy Hook, shall take a licensed pilot; or, in case of refusal to take such pilot, shall…
2Cases cited3 opinions
- Sturgis v. . SpoffordNew York Court of Appeals · 1871
- People v. BrooksNew York Supreme Court · 1847
- Com'rs of Pilots v. . Pac. Mail Steamship Co.New York Court of Appeals · 1873