Clark v. Richards
Supreme Court of Connecticut
THIS was an action on the case. The declaration alleged, that the defendant was owner of a sloop called the Sea-flower, which was usually employed to transport for hire, goods, wares and merchandize, from one port to another in the United States, whereof Charles Whipple was master; that the plaintiffs put on board this sloop at Norwich, on the 24th of July 1812, a large quantity of cheese to be transported thence, to Philadelphia, for hire ; and that on the voyage much of…
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THIS was an action on the case. The declaration alleged, that the defendant was owner of a sloop called the Sea-flower, which was usually employed to transport for hire, goods, wares and merchandize, from one port to another in the United States, whereof Charles Whipple was master; that the plaintiffs put on board this sloop at Norwich, on the 24th of July 1812, a large quantity of cheese to be transported thence, to Philadelphia, for hire ; and that on the voyage much of the cheese was lost and the residue greatly injured, by reason of the leaky and insufficient state of the sloop, which was…
1Opinion of the CourtEdmond, J.
[After stating the principal facts.] In arguing the case before this Court several exceptions are taken and objections urged by the counsel for the defendant to the charge given by the court.
It is contended that the court, in giving their opinion to the jury, that by the transfer of the vessel the defendant is owner, proceeded erroneously, on the ground that the custom-house books were conclusive evidence of ownership; whereas on all the facts stated in the motion, whether the defendant was owner or not was a question of fact to be left to the jury without any expression by the court of their…
2Cited by3 opinions
- Owens Bros. v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1908
- Nine Hundred & Twenty-Eight Barrels of SaltDistrict Court, N.D. Illinois · 1870
- State v. ParmeleeSupreme Court of Connecticut · 1832