Simpson v. Hand
Supreme Court of Pennsylvania
This was an action on the case brought in this court by M. H. Simpson and G. Harrison Otis, trading under the firm of Simpson & Otis, against Joseph Hand and Rowland Johnson.
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This was an action on the case brought in this court by M. H. Simpson and G. Harrison Otis, trading under the firm of Simpson & Otis, against Joseph Hand and Rowland Johnson. The plaintiffs were the owners of certain goods which had been shipped at Philadelphia on board of a schooner called the Thorn, to recover damages from the defendants, who were the owners of a brig called the William Henry, for injury done to these goods by the William Henry’s running into the Thorn, while the latter was lying at anchor in the river Delaware, about one o’clock in the morning of the 27th of November,…
1Opinion of the Court
The opinion of the court was delivered by
Gibson, C. J.
It is an undoubted rule, that, for a loss from mutual negligence, neither party can recover in a court of common law; and, so general is it, that it was applied in Hill v. Warren, (3 Starkie R. 377; S. C. E. C. L. R. 390,) to the negligence of agents, respectively appointed by the parties to superintend the taking, down of a party wall. Courts of admiralty, indeed, decree according to the circumstances, so as to • apportion the loss; but certain it is that a court of law, whether for its inability to adapt its judgment to the merits of…
2Cited by21 opinions
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- The Arctic Fire Ins. Co. v. . AustinNew York Court of Appeals · 1877
- Borough of Carlisle v. BrisbaneSupreme Court of Pennsylvania · 1886
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