Lusk v. Davis

This was an -action brought by the appellee against the steamboat Tarascón, under the water-craft act, *335to recover the value of a sail boat destroyed by the steamer. The steamboat was released from attachment upon a bond being given by the appellants. A motion was made to quash the affidavit, on tbe ground that it did not sufficiently allege that the sail boat was destroyed through the fault or negligence of those in charge of the steamer, and without the fault of the appellee. The averment is in this language: “ The said officers and crew of the said steamboat Tarascón, who then and there had…