Legal Opinion

A Dark Colored Newly Decked Scow-Boat v. Lynn

Wisconsin Supreme Court

Decided July 15, 1842Published

ERROR to the District court for Milwaukee county. Lynn, the defendant in error, took out an attachment from a justice of the peace in Milwaukee county, against a scow-boat, under the act to provide for the collection of demands against boats and vessels, for the purpose of collecting a demand for work and labor done on the boat in building it. The boat was owned by JDousman & Brown, of Milwaukee.

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ERROR to the District court for Milwaukee county. Lynn, the defendant in error, took out an attachment from a justice of the peace in Milwaukee county, against a scow-boat, under the act to provide for the collection of demands against boats and vessels, for the purpose of collecting a demand for work and labor done on the boat in building it. The boat was owned by JDousman & Brown, of Milwaukee. On the trial, the justice gave judgment for the plaintiff for $27.87, from which Bousman & Brown appealed to the Milwaukee district court. On the trial of the appeal, it appeared in the evidence for…

1Opinion of the CourtDunn, C. J.

The only question to be decided by this court is, whether the scow in question is or not a boat or vessel, within the meaning of the act of the legis*241lature, to which reference has been made. In considering this question we must examine that part of the act which is applicable, and upon which the proceeding in this case is based. In Eevised Statutes, page 168, section 1, it is provided: “That every boat or vessel used in navigating the waters of this Territory, shall be liable,” etc. Where a law is couched in words of a definite and limited sense, entirely free from ambiguity, and such as…

2Cases cited4 opinions

  1. Catlett v. Pacific InsuranceNew York Supreme Court · 1828
  2. Johnson v. Steam-Boat SanduskyNew York Supreme Court · 1830
  3. Farmers' Delight v. LawrenceNew York Supreme Court · 1830
  4. Birkbeck v. The Hoboken Horse Ferry BoatsNew York Supreme Court · 1819

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