Finch v. Brown
New York Supreme Court
This action was tried at the Bensselaer circuit in October, 1833, before the Hon. James Vanderpoel, one of the circuit judges. The suit was brought on’a hand given to relieve the steamboat Ohio from an attachment issued under the statute authorizing proceedings against ships and vessels in certain cases. Statutes of 1831, p. 421, and 2 R. S. 491, &c.
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This action was tried at the Bensselaer circuit in October, 1833, before the Hon. James Vanderpoel, one of the circuit judges. The suit was brought on’a hand given to relieve the steamboat Ohio from an attachment issued under the statute authorizing proceedings against ships and vessels in certain cases. Statutes of 1831, p. 421, and 2 R. S. 491, &c. The plaintiff proved that a sloop belonging to him, while lying at anchor in the Hudson river in adarkrainy night,was ran afoul of by the steam-boat Ohio,and sunk. The evidence was very contradictory as to whether lights were exhibited on board…
1Opinion of the Court
By the Court,
Savage, Ch. J.
The action in this case is debt on bond in point of form, but in substance it is an action for damages for wilfully or negligently running down the plaintiff’s sloop. The case was very fairly submitted by the judge to the jury, and if either party has reason to be dissatisfied with the charge, it is the plaintiff; not the defendants.
The cause seems to have been tried, and was argued in this court, upon the assumpsit that the plaintiff had no right to recover, unless he had lights in the rigging of his vessel, as prescribed by statute, at the time of the collision.…
2Cited by9 opinions
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- Lisbon v. LymanSupreme Court of New Hampshire · 1870
- Walter v. PostThe Superior Court of New York City · 1857
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