Legal Opinion

Stewart v. Harry

Court of Appeals of Kentucky

Decided May 28, 1867PublishedCited by 7 opinions

CASE 95 — PETITION ORDINARY — APPEAL PROM JEFFERSON COURT OF COMMON PLEAS. CITED— Revised Statutes, chap. 7, sec. 16. 9th sec. Judiciary Act of Congress of 1789. •4 Wallace, 571 ; The Hiñe vs. Trevor. 10 Wheaton, 473 ; 6 Howard, 344. 12 Howard, 466, 468; Fritz vs. Bull. 5 Howard, 441; 4 Wallace, 431 ; The Moses Taylor. Act of Congress 1852, U. S. Stat. at Large, vol. 10,p. 61. Act of Congress of 1845. 7 B. Mon., 39 ; Broadwell vs. Swigert.

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CASE 95 — PETITION ORDINARY — APPEAL PROM JEFFERSON COURT OF COMMON PLEAS. CITED— Revised Statutes, chap. 7, sec. 16. 9th sec. Judiciary Act of Congress of 1789. •4 Wallace, 571 ; The Hiñe vs. Trevor. 10 Wheaton, 473 ; 6 Howard, 344. 12 Howard, 466, 468; Fritz vs. Bull. 5 Howard, 441; 4 Wallace, 431 ; The Moses Taylor. Act of Congress 1852, U. S. Stat. at Large, vol. 10,p. 61. Act of Congress of 1845. 7 B. Mon., 39 ; Broadwell vs. Swigert. CITED— Revised Statutes, chap. 7. U. S. Stat. at Large, vol. 9, secs. 18, 29, pp. 70, 72. 17 B. Mon., 37; Wilson vs. McGuire. 16 B. Mon., 677; Bentley vs.…

1Opinion of the Court

JUDGE HABDIN

delivered the opinion op the court:

The appellee, as the owner of the steamboat S. P. Hibberd, which was sunk by a collision with the boat called the Chancellor, in the Ohio river, on the 26th day of July, 1860, prosecuted this action against the appellant as one of the owners and managers of the Chancellor, to recover damages, as partial compensation for the loss of his boat, to be estimated on the basis that the collision was the result of mutual and equal fault on the part of the managers of the two boats, according to the provisions of the 16th section of chapter 7 of the…

2Cited by7 opinions

  1. Rounds v. Cloverport Foundry & Machine Co.Court of Appeals of Kentucky · 1914
  2. Southern Railway Co. v. Railroad CommissionIndiana Supreme Court · 1913
  3. Monongahela River Consolidated Coal & Coke Co v. Lancaster's AdministratorCourt of Appeals of Kentucky · 1916
  4. Frankfort Elevator Coal Co. v. PrewettCourt of Appeals of Kentucky (pre-1976) · 1926
  5. In re ScottDistrict Court, N.D. Ohio · 1869

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