BUSSY versus DONALDSON.
SUPREME COURT OF PENNSYLVANIA
Reported in Volume Four
of the United States Reports
4 U.S. 206; 1800 U.S. LEXIS 310; 1 L. Ed. 802; 4 Dall. 206
THIS was an action on the case, against the owner of the ship Edward, for running foul of, and
sinking, the brig Katy, at the piers of the river Delaware, be negligence, and improvident and
unskillful management, &c. The defence was made on three grounds: 1st. That the injury was
occasioned by an unavoidable accident, for which no reparation ought to be exacted. 2d. That as
the ship Edward was in the charge of a public pilot of the port, (a person not the choice, nor the
voluntary agent, of the owner) when the injury was committed, the owner was not legally
responsible. And, on this point, the following authorities were cited: 3 Bac.Abr. 591,2. 7 Geo. 2.
c. 15. 3 State Laws, 422. s. 8. 10.15. Wesc. 395. Beawes, 122. 1 Emirig, 402,3. 1 Bl. Com.
431,2. 1 Dom. 241. Tit. 16. s. 3. Salk. 442.440. 3 Bac.Abr. 560.3d. That the amount of the injury
actually sustained, is not the measure of damages, in the present action. 1 Dall. Rep. 180.
Purviance et al. v. Angus.
COUNSEL: After argument by W. Tilghman, M. Levy, and Rawle, for the plaintiff, and by
Ingersoll, E. Tilghman, and Lewis, for the defendant, the Judges delivered their opinions to the