Thames Steamboat Co. v. Housatonic Railroad
Supreme Court of Connecticut
This was an action of trespass vi et armis. The declaration charged, substantially, that the plaintiffs, on the 26th day of July, 1852, were the owners of a steamboat, called the Alice, which by two cables was secured to a wharf belonging to the defendants; that the defendants, by their servants and agents, with force and arms, cut in two said cables, and threw off the same from said wharf, and thereby wholly destroyed the same, and by reason thereof said steamboat was…
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This was an action of trespass vi et armis. The declaration charged, substantially, that the plaintiffs, on the 26th day of July, 1852, were the owners of a steamboat, called the Alice, which by two cables was secured to a wharf belonging to the defendants; that the defendants, by their servants and agents, with force and arms, cut in two said cables, and threw off the same from said wharf, and thereby wholly destroyed the same, and by reason thereof said steamboat was severed from said wharf, and was, by the current, swept into the harbor beyond the control of the plaintiffs and their…
1Opinion of the CourtHinman, J.
The plaintiffs, in this case, having closed their evidence, the defendants moved for judgment as in case of nonsuit; and the superior court, being of opinion that the plaintiffs had failed to make out a prima facie case, granted the motion; and the case is now brought before us for revision, under § 2 of the statute of 1852. Comp, statutes of 1854, p. 97. The question here is the same as in the superior court. Is the plaintiffs’ evidence sufficient, in point of law, to make out a prima facie case in their favor ?
From the evidence, it appears that the plaintiffs’ steamboat, called the Alice,…
2Cited by20 opinions
- Isaacs v. . Third Avenue R.R. Co.New York Court of Appeals · 1871
- Bank of Cal. v. W. Union Tel. Co.California Supreme Court · 1877
- Gilliam v. South, & North Alabama RailroadSupreme Court of Alabama · 1881
- Quint v. O'ConnellSupreme Court of Connecticut · 1915
- Pignatario v. MeyersSupreme Court of Connecticut · 1924
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