Atchison v. Steam Boat "Dr. Franklin"
Supreme Court of Missouri
APPEAL from St. Louis Circuit Court. STATEMENT OF THE CASE., A collision alleged to be occasioned by the negligence of the officers and crew of the ap-pellees, whereby the steamboat Amaranth, belonging to plaintiff, was sunk in the Mississippi river near Clarksville, in the month of March, 1849. The above action was brought under our statute concerning boats and vessels, and the damages were laid at $30,000. The captain of the Dr. Franklin appeared and pleaded the statutory…
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APPEAL from St. Louis Circuit Court. STATEMENT OF THE CASE., A collision alleged to be occasioned by the negligence of the officers and crew of the ap-pellees, whereby the steamboat Amaranth, belonging to plaintiff, was sunk in the Mississippi river near Clarksville, in the month of March, 1849. The above action was brought under our statute concerning boats and vessels, and the damages were laid at $30,000. The captain of the Dr. Franklin appeared and pleaded the statutory general issue. At the trial which took place in May, 1850, evidence was offered and given by the plaintiffs tending to…
1Opinion of the CourtNapton, J.
The first error assigned in this case, is the refusal of instruction No. 4, and giving the instruction asked by the plaintiffs.
We have not been able to perceive that instruction No. 4 affects any legal principle important to the defendant’s rights, different from or additional to what had already been given in previous instructions. The jury were told that if the Amaranth was in fault, wholly or partially, or if both boats were in fault, or if neither were, and the collision was the result of mere accident, the plaintiffs could not recover. Instruction No. 4 applies to an accidental…
2Cited by3 opinions
- Cloyes v. PlaatjeAppellate Court of Illinois · 1923
- Travis v. PiersonAppellate Court of Illinois · 1892
- McCord v. MasseyAppellate Court of Illinois · 1894