Kountz v. Brown
Court of Appeals of Kentucky
APPEAL FROM MEADE CIRCUIT. The facts of the case are stated in the opinion of the Court. Rep. Argued: 1. That no sufficient cause of action was set out either in the first or second paragraph of pi an tiffs’ petition. It is not alledged or proved that either of the owners of the steamboat was present when the collision with the wharfboat is alledged to have occurred. The fact is important in one view of the case.
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APPEAL FROM MEADE CIRCUIT. The facts of the case are stated in the opinion of the Court. Rep. Argued: 1. That no sufficient cause of action was set out either in the first or second paragraph of pi an tiffs’ petition. It is not alledged or proved that either of the owners of the steamboat was present when the collision with the wharfboat is alledged to have occurred. The fact is important in one view of the case. The plaintiffs do not alledge that the collision occurred through the willful negligence or incompetency of the captain, or any of the officers or crew of the steamboat. If the…
1Opinion of the Court
Judge Crenshaw
delivered the opinion of the Court.
This is an action in ordinary, brought by Brown and Powell against Kountz, to recover damages for injuries done to their wharfboat, whilst lying in the Ohio river, at the wharf at Brandenburg, by the steamer Crystal Palace.
It appears that in March 1854, the steamer was descending the river, with a passenger on board whose destination was Brandenburg; that the commander was unwilling to land the passenger on the Kentucky shore, because the wind was then blowing hard from the north-west, rendering it difficult to land at Brandenburg; but the…
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