Legal Opinion

Hill v. Sturgeon

Supreme Court of Missouri

Decided March 15, 1859PublishedCited by 13 opinions

Appeal from Si. Louis Gou/rt of Common Pleas. The facts sufficiently appear in the opinion of the court. I. The owners were liable for a loss caused by the sinking of the barge. The court erred in striking out those portions of the deposition of Credell, in which he stated that he would not on his own responsibility trust Decker to stand on watch. This was clearly competent as the opinion of a skillful pilot, fully acquainted with Decker’s skill and competency.

Read the full summary

Appeal from Si. Louis Gou/rt of Common Pleas. The facts sufficiently appear in the opinion of the court. I. The owners were liable for a loss caused by the sinking of the barge. The court erred in striking out those portions of the deposition of Credell, in which he stated that he would not on his own responsibility trust Decker to stand on watch. This was clearly competent as the opinion of a skillful pilot, fully acquainted with Decker’s skill and competency. Decker’s deposition should have been excluded. The evidence clearly shows that the loss was not caused by an unavoidable danger of…

1Opinion of the CourtRichaRDSON, Judge

The plaintiffs, who were the owners of the steamboat D. S. Stacey, brought their action against the defendants, who were the owners of the steamboat Ironton and the barge John Argent, to recover the value of merchandise shipped by the Stacey on the steamboat Ironton and barge John Argent. A bill of lading in the usual form was executed by Rawlings, master of the Ironton, in which the dangers of the river and of fire were excepted, and to which was added the following clause: “ The steamboat Ironton and owners insure the freight shipped on the barge against leaking and sinking.” On the 22d of…

2Cases cited1 opinion

  1. Collier v. Valentine ex rel. St. Louis InsuranceSupreme Court of Missouri · 1848

3Cited by13 opinions

  1. State v. RossSupreme Court of Missouri · 1859
  2. Pettyjohn v. Oregon Coal & Nav. Co.Oregon Supreme Court · 1911
  3. Yontz v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1913
  4. Bank of Orland v. FinnellCalifornia Supreme Court · 1901
  5. Wentworth Fruit Growers Ass'n v. American Railway Express Co.Missouri Court of Appeals · 1928

8 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API