[Download] "Walker v. the Transportation Company" by United States Supreme Court # Book PDF Kindle ePub Free
eBook details
- Title: Walker v. the Transportation Company
- Author : United States Supreme Court
- Release Date : January 01, 1865
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
Mr. Rae, for the appellants; Mr. Spalding, contra. 1. The answer to the first of the two questions above presented, and which we have to consider, depends upon the construction to be given to the act of Congress. That the owners of vessels were liable at common law in the case stated in the question, had been decided by this court in the case of the New Jersey Steam Navigation Co. v. The Merchants' Bank.3 *** That decision led to the enactment of the statute. The statute has been the subject of consideration in this court before, in the case of Moore and others v. The American Transportation Co. The policy of the act, its relation to the act of 53 George III, and other British statutes, are there discussed; and it is decided–that being the principal question before the court–that the act embraces vessels engaged in commerce on the great northern lakes as well as on the ocean. It is quite evident that the statute intended to modify the ship-owner's common-law liability for everything but the act of God and the king's enemies. We think that it goes so far as to relieve the ship-owner from liability for loss by fire, to which he has not contributed either by his own design or neglect.