Bussy v. Donaldson

Bussy v. Donaldson - BUSSY versus DONALDSON. SUPREME COURT...

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{ PAGE | 1 } 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 MARCH 1800, Term PRIOR HISTORY: [**1] 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
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Bussy v. Donaldson - BUSSY versus DONALDSON. SUPREME COURT...

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