Legal Opinion

Harding v. The Maverick

District Court, D. Massachusetts

Decided March 15, 1842PublishedCited by 3 opinions

This was a libel for a tort. The Maverick, a steamboat, was plying as a ferry-boat between one part of Boston, and another part called East Boston. The brig Southern, of which the libellant was mate, had run a warp across the usual track of the steamer, and near the head of the dock. In her passage, the steamer ran against the warp, and, by means thereof, broke the leg of the libellant, and inflicted other injuries.

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This was a libel for a tort. The Maverick, a steamboat, was plying as a ferry-boat between one part of Boston, and another part called East Boston. The brig Southern, of which the libellant was mate, had run a warp across the usual track of the steamer, and near the head of the dock. In her passage, the steamer ran against the warp, and, by means thereof, broke the leg of the libellant, and inflicted other injuries. The claimants [Fettyplaee and Lamson] produced in evidence a license to keep a ferry, granted by the proper authorities, in the year 1832, to William H. Sumner, Stephen White, and…

1Opinion of the Court

SPRAGUE, District Judge.

It is contended, in the first place, that the claimants had no right to keep a ferry, and that the Maverick was used for that purpose in violation of law. The instruments which have been put in evidence, constitute an assignment of the ferry, and divested the licentiates of all power and control over it. • They go beyond the case of Gerrish v. Sweetser, 4 Pick. 374, in which it is said, that an irrevocable power to receive a sum of money, to the attorney’s own use, is prima facie an assignment. Here is an express conveyance, to which the power of attorney is only…

2Cases cited1 opinion

  1. Bullock v. BabcockNew York Supreme Court · 1829

3Cited by3 opinions

  1. Chesapeake Ferry Co. v. Hampton Roads Transportation Co.Supreme Court of Virginia · 1926
  2. Todd v. Bark TulchenDistrict Court, E.D. Pennsylvania · 1880
  3. Golden Gate Ferry Co. v. Railroad CommissionCalifornia Supreme Court · 1928

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