Adams v. Wiggins Ferry Co.
Supreme Court of Missouri
Appeal from St. Louis Court of Common Pleas. This was an action to recover damages for the loss, through the negligence of defendant, of a barge belonging to the plaintiff. The barge was lying at the wharf in the city of St. Louis, and was struck by a ferry-boat belonging to defendant.
Read the full summary
Appeal from St. Louis Court of Common Pleas. This was an action to recover damages for the loss, through the negligence of defendant, of a barge belonging to the plaintiff. The barge was lying at the wharf in the city of St. Louis, and was struck by a ferry-boat belonging to defendant. The defendant denied the negligence alleged, and alleged that the barge was lying at a point at the wharf that was appropriated by the city ordinance to the ferry-boats belonging to defendant; that the injury of which plaintiffs complained resulted from the wrong of plaintiffs in thus mooring their barge. The…
1Opinion of the CourtScott, Judge
The rule that there can be no recovery when both plaintiff and defendant are in fault, and each, by his negligence or otherwise, has contributed proximately and directly to the injury, has its most frequent application in cases of collisions of vessels, carriages and like vehicles, when they are in motion and on the public thoroughfares. But in such collisions, if one party finds the other in fault, he can not wantonly or intentionally inflict an injury upon him. The principle above stated does not apply to cases in which the fault or neglect of the plaintiff has contributed remotely to the…
2Cases cited1 opinion
- New-Haven Steam-Boat & Transportation Co. v. VanderbiltSupreme Court of Connecticut · 1844
3Cited by10 opinions
- Holmes v. South Pacific Coast RailwayCalifornia Supreme Court · 1893
- Blackburn v. Southwest Missouri RailroadMissouri Court of Appeals · 1914
- John G. Kupferle Foundry Co. v. St. Louis Merchants Bridge Terminal Railway Co.Supreme Court of Missouri · 1918
- Miller v. St. Louis Public Service Co.Missouri Court of Appeals · 1964
- Gulick v. ClarkeMissouri Court of Appeals · 1892
5 more not listed; retrieve them via the Exa API.