Mitchell v. City of Rockland
Supreme Judicial Court of Maine
On Exceptions from Nisi Prius, Appleton, J., presiding. This was an action of the case to recover for damage sustained by the plaintiff by the partial destruction of his vessel, the Caroline, and her cargo, by fire, occasioned by the act of the health officers of Rockland, while they were officially in charge of said vessel, there being a case of small pox on board.
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On Exceptions from Nisi Prius, Appleton, J., presiding. This was an action of the case to recover for damage sustained by the plaintiff by the partial destruction of his vessel, the Caroline, and her cargo, by fire, occasioned by the act of the health officers of Rockland, while they were officially in charge of said vessel, there being a case of small pox on board. The verdict‘was for the plaintiff. ' The defendants requested the Court to instruct the jury, that if the board of health of the city of Rockland, or any member thereof, or any other officer of the city, or employee of such…
1Opinion of the CourtTenney, C. J.
It is not in controversy, that the Caroline, owned by the plaintiff, came into the port of Rockland at the time alleged in the writ, having on board a man sick with the small pox, a malignant disease, of which he died a few days afterwards; that subsequently to the death and the removal of the body from the vessel, the person, who had some agency on board, connected with the sickness of the person deceased, under the health officers of the city, kindled a fire in a kettle, which he placed on a flat stone, lying upon the cabin floor, and caused to be burned in the kettle, brimstone, pieces of…
2Cited by5 opinions
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