Pearson v. Duane
Supreme Court of the United States
IN the month of June, 1856, the steamship Stevens, a common carrier of passengers, of which Pearson was master, on her regular voyage from Panama to San Francisco, arrived at the intermediate port of Acapulco, where Duane got on board, with the intention of proceeding to San Francisco.
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IN the month of June, 1856, the steamship Stevens, a common carrier of passengers, of which Pearson was master, on her regular voyage from Panama to San Francisco, arrived at the intermediate port of Acapulco, where Duane got on board, with the intention of proceeding to San Francisco. He had, shortly before this, been banished from that city by a revolutionary, yet powerful and organized body of men, called “The Vigilance Committee of San Francisco,” upon penalty of death in case of return. This committee had, in the fore part of June, against his will, placed him on the Golden Age, a…
1Opinion of the CourtJustice Davis
This ease is interesting, because of certain novel views which this court is asked to sustain.
Two questions arise in it: 1st, was the conduct of Pearson justifiable? 2d, if not, what should be the proper measure of damages? It is contended, as the life of Duane was in imminent peril, in case of his return to San Francisco, that Pearson was justified, in order to save it, in excluding him from his boat, notwithstanding Duane was willing to take his chances of being hanged by the Vigilance Committee.
Such a motive is certainly commendable for its humanity, and goes very far to excuse the…
2Cited by9 opinions
- Brumfield v. Consolidated Coach CorporationCourt of Appeals of Kentucky (pre-1976) · 1931
- Webber v. Old Colony Street Railway Co.Massachusetts Supreme Judicial Court · 1912
- Meyer v. St. Louis, I. M. & S. Ry. Co.Court of Appeals for the Eighth Circuit · 1893
- Brown v. Memphis & C. R.United States Circuit Court · 1881
- Williams v. Transworld Airlines, Inc.District Court, S.D. New York · 1974
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