Cobb v. Bennett
Supreme Court of Pennsylvania
Error to the District Court of Philadelphia: No. 52, to July-Term 1872. This was an action of trespass vi et armis brought June 20th 1870, by David Bennett against David Cobb, master and agent for the owners of the schooner “ Sarah. ” The cause of action was that the defendant wantonly ran his vessel into the fishing-net of the plaintiff and greatly injured it.
Read the full summary
Error to the District Court of Philadelphia: No. 52, to July-Term 1872. This was an action of trespass vi et armis brought June 20th 1870, by David Bennett against David Cobb, master and agent for the owners of the schooner “ Sarah. ” The cause of action was that the defendant wantonly ran his vessel into the fishing-net of the plaintiff and greatly injured it. The ease was tried February 8th 1872, before Lynd, J. The plaintiff testified that he was the lessee of a fishery on the New Jersey side of the river Delaware and duly licensed. He further testified that on the 17th of May 1870, he had…
1Opinion of the Court
The opinion of the court was delivered, February 24th 1874, by
Agnew, C. J.
We discover no error in the portions of the charge assigned for error. They may all be comprised in the *329following instruction: “ I charge as a question of law he (the defendant) was bound to shorten his tack, if he could have thereby-avoided the nets, without prejudice to the reasonable prosecution of his voyage.” This was said in view of the facts in evidence on the part of the plaintiff, that the defendant was notified of the position of the net of the plaintiff; pointed to the light which marked that position; and…
2Cited by6 opinions
- Agger v. Beatrice & RoseDistrict Court, D. Maine · 1949
- Mitchell v. . R. R.Supreme Court of North Carolina · 1918
- Hunt v. GrahamSuperior Court of Pennsylvania · 1900
- Mitchell v. Southern Railway Co.Supreme Court of North Carolina · 1918
- Bishop v. BaldwinMichigan Supreme Court · 1907
1 more not listed; retrieve them via the Exa API.