Richards v. Gilbert
Supreme Court of Connecticut
MOTION for a new tria!. ' This was an action of assumpsit, brought against the defendants, as common carriers. It was alleged in the decía-ration, that the defendants were owners of the sloop Frances, and were common carriers of goods, wares and merchandize, for hire, upon the river Thames, from Norwich to New-London ; that on the 11th of February, 1812, the plaintiffs ship-pefl on board the Frances, then lying in She Thames al Norwich, nineteen tierces, containing a large…
Read the full summary
MOTION for a new tria!. ' This was an action of assumpsit, brought against the defendants, as common carriers. It was alleged in the decía-ration, that the defendants were owners of the sloop Frances, and were common carriers of goods, wares and merchandize, for hire, upon the river Thames, from Norwich to New-London ; that on the 11th of February, 1812, the plaintiffs ship-pefl on board the Frances, then lying in She Thames al Norwich, nineteen tierces, containing a large quantify of clover-seed, the property of the plaintiffs, and of the value of 1400 dollars; that the defendants received…
1Opinion of the CourtSmith, J.
There is no doubt of the correctness of the general principle advanced by the court below, in the charge to the jury. The only difficulty, in my judgment, arose from their not having proceeded to instruct them on the question, whether the immediate cause of the injury, was not of such a nature, in point of law, as to be considered as the art of God ? But the facts are not stated in the motion with sufficient fulness and precision, to present that point to the court : Nor do the parties appear to have contemplated the subject in this light, in drawing the motion. The court cannot, therefore,…
2Cited by2 opinions
- Crosby v. FitchSupreme Court of Connecticut · 1838
- The New Brunswick Steamboat v. TiersSupreme Court of New Jersey · 1853