BUSSY v. DONALDSON

• Citation: 4 U.S. 206
• Parties: Bussy v. Donaldson.
• Decision Date: 01 March 1800
• Court: U.S. Supreme Court

4 U.S. 206 (Dall.)

Bussy v. Donaldson.

Supreme Court of Pennsylvania.

March Term, 1800

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 in the river Delaware, by negligence, and improvident and unskilful 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.

After argument by W. Tilghman, M. Levy, and Rawle, for the plaintiff, and by Ingersoll, E. Tilghman, and Lewis, for the

Page 4 U.S. 206, 207

defendant, the Judges delivered their opinions to the jury, in substance, as follows:

SHIPPEN, Chief Justice. The first object, that naturally presents itself, is to ascertain, whether the injury complained of, was the consequence of gross negligence, or of mere accident? This falls, exclusively, within the province of the jury: but, if they shall think, that the injury was the consequence of gross negligence, then the plaintiff is entitled to recover damages; unless some rule of law interposes to prevent it, under the peculiar circumstances of the present case. In considering the point of law, we are led into a field of inquiry equally interesting for its novelty, and its importance: for, although the defendant admits, that in ordinary cases, the owner of a ship is answerable, civiliter, for the injuries committed, in the course of his service, by the captain and crew; it is insisted, that a pilot, under the regulations of our act of assembly, for his examination and appointment, is not to be regarded as the agent, or servant, of the owner, but rather as the officer of the public. Though it is not agreeable to deliver opinions, on important points of law, suddenly started, in the course of a trial, I think I can safely pronounce, on the present occasion, that the distinction, which has been taken, is rather plausible, than solid. The legislative regulations were not intended to alter, or obliterate, the principles of law, by which the owner of a vessel was previously responsible, for the conduct of the pilot; but to secure, in favour of every person (strangers as well as residents)...