Pitkin v. Brainerd
Supreme Court of Connecticut
This was an action on the case against the defendants, as owners of the sloop Rising Sun, for the non-delivery of goods shipped on board that vessel, from Middletown, in Connecticut, to Petersburgh, in Virginia.
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This was an action on the case against the defendants, as owners of the sloop Rising Sun, for the non-delivery of goods shipped on board that vessel, from Middletown, in Connecticut, to Petersburgh, in Virginia. The cause was tried at Hartford, September term, 1824, before Bristol, J. On the trial, the sole question was, whether the defendants, as owners, were liable to answer in damages for the non-delivery of the property alleged to have been shipped on board the Rising Sun. The defendants introduced and proved to the jury a charter-party, made between them and Jacob Wagner, the master for…
1Opinion of the CourtBristol, J.
The plaintiff’s claim is founded upon the general liability of ship owners to respond in damages for the non-delivery of goods, which the master engages to transport ; and if no sufficient reason exists for exempting the defendants from this liability, under the circumstances of the present case, verdict ought not to be disturbed.
But it appears, that the defendants, who were the general owners, by a contract of charter-party, entered into previous to any contract made with the plaintiff for the transportation of his goods, had let the vessel to Jacob Wagner for the voyage in question ; and…
2Cited by4 opinions
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