Legal Opinion

Price v. Thornton

Supreme Court of Missouri

Decided March 15, 1846PublishedCited by 7 opinions

APPEAL from St. Louis Circuit Court. The plaintiff in error contends, and submits to the Court here, that 1. The admissions of White, apart owner of the Leavenworth, were admissible in evidence against the other owners, as well as himself. 2. That the negligence and privity of White, agent of the owners of the Leavenworth, is the negligence and privity of the owners themselves.

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APPEAL from St. Louis Circuit Court. The plaintiff in error contends, and submits to the Court here, that 1. The admissions of White, apart owner of the Leavenworth, were admissible in evidence against the other owners, as well as himself. 2. That the negligence and privity of White, agent of the owners of the Leavenworth, is the negligence and privity of the owners themselves. If he knew, or negligently permitted the slaves to be carried on the Leavenworth, the owners are liable, the boat being engaged in her regular voyage or trip. 3. That the owners of a steamboat are liable on general…

1Opinion of the CourtNapton, J.

This was an action on the case, brought by the plaintiff in error, against the defendants, who were sued in connection with David Tatum and Samuel Lewis, as owners of the steamboat General Leavenworth. The declaration contained four counts, charging the defendants with having, through their agent and servant, the Master of the said boat, carelessly and negligently shipped on hoard of said boat two slaves belonging to the plaintiff, without the consent or knowledge of the plaintiff, whereby the said slaves were totally lost, &c. The defendants pleaded not guilty.

*137The bill of exceptions taken at…

2Cases cited2 opinions

  1. Maley v. ShattuckSupreme Court of the United States · 1806
  2. Hoare v. AllenSupreme Court of the United States · 1789

3Cited by7 opinions

  1. Barker v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1894
  2. Koenig v. Union Depot Railway Co.Supreme Court of Missouri · 1903
  3. State v. BrownSupreme Court of Kansas · 1888
  4. Lee v. St. Louis, Memphis & Southeastern RailroadMissouri Court of Appeals · 1905
  5. Atkinson v. American School of OsteopathySupreme Court of Missouri · 1912

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