Heridia v. Ayres
Massachusetts Supreme Judicial Court
This was an action on the case by a foreign merchant against the defendant, a branch pilot for the harbour of Boston, for the negligence and unskilfulness of Josiah Ayres, junior, his deputy. The declaration contained originally two counts.
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This was an action on the case by a foreign merchant against the defendant, a branch pilot for the harbour of Boston, for the negligence and unskilfulness of Josiah Ayres, junior, his deputy. The declaration contained originally two counts. The first alleged, that the defendant, on July 28, 1831, was one of the pilots for the port of Boston, duly appointed, &c. and was furnished with a branch or warrant for the due execution of the duties of his office, and was entitled to the lawful fees of pilotage ; that the plaintiff was the owner of a vessel called the Isabella, which was laden with a…
1Opinion of the Court
Shaw C. J.
delivered the opinion of the Court. In this case, after verdict, there is a motion in arrest of judgment on several grounds, which will be particularly stated.
The first and by far the most important ground is, that upon principles of law, the defendant is not liable either in this action or in any action which the plaintiff could bring.
This objection is founded on the assumption, that the defendant is not responsible for the acts of his deputy except so far as he was acting within the scope of his authority as a pilot; that in fact the deputy went on board the plaintiff’s vessel,…