Snell, Stagg, & Co. v. Rich
New York Supreme Court
THIS was an action on the case. The cause was tried , , . . , . . - at the Nerw-York sittings, on the 10th ot January, 1806, before Mr. justice Livingston.
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THIS was an action on the case. The cause was tried , , . . , . . - at the Nerw-York sittings, on the 10th ot January, 1806, before Mr. justice Livingston. The declaration stated that the plaintiffs were the owners of a vessel called the Lapwing, lying at anchor in the East-River, in the harbour of New-York, and the defendant being in possession of another vessel, called the Amphion, then sailing and navigating on the saidriver, and that the defendant so a ° . & . carelessly navigated and managed the said ship Amphion, that she run foul of the plaintiffs’ vessel, carried away her bowsprit,…
1Opinion of the CourtLivingston, J.
Do you admit the owner to be liable ?
Bogert. I do not mean that; but only that the intermediate person is not liable.
Kent, C. J. I shall give no opinion as to the liability of the owner.
Livingston, J.
It is universally understood that the pilot, while on board, has the absolute and exclusive controul of the ship ; and I am prepared to say, that if the master had been on board, he would not have been responsible.
2Per curiam
As the master was not on board, he, certainly, was not master at the time of the accident. The pilot must be considered as master pro hac vice. The defendant, therefore, is not liable…
3Cited by5 opinions
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- Jonathan Strout and Others, Libellants, &C. v. James Foster and Others, and Owners of the Ship LouisvilleSupreme Court of the United States · 1843
- Bussy v. DonaldsonSupreme Court of Pennsylvania · 1800
- Guiterman v. Liverpool, New York & Philadelphia Mail Steamship Co.New York Court of Common Pleas · 1879
- Purvis v. TunnoSupreme Court of South Carolina · 1803