Gleim v. Steamboat Belmont

• Decision Date: 31 October 1847
• Citation: 11 Mo. 112
• Parties: GLEIM v. STEAMBOAT BELMONT.
• Court: Missouri Supreme Court

11 Mo. 112

GLEIM

v.STEAMBOAT BELMONT.

Supreme Court of Missouri.

October Term, 1847.

ERROR TO ST. LOUIS COURT OF COMMON PLEAS.

FISHER, for Plaintiff.

1.The plaintiff's claim is a lien under the statute.Rev. Stat. of 1845, ch. 20, 2nd division of the 1st section.The use of a barge is a necessary supply and equipment of a steamboat, in low water.If the complaint had alleged indebtedness on account of supplies furnished for the use of the boat, there could be no doubt that the complaint is good.Though the word ““supply” is not used, yet a furnishing and equipping is alleged, which is sufficient to bring plaintiff within the statute.Steamboat Gen. Brady v. Buckley & Randolph, 6 Mo. R. 561.It is not necessary to use the words of the statute.If the words employed show that the claim is for a supply to the boat, it is sufficient.Steamboat Reveille v. Case, 9 Mo. R. 505.2.The question of fact whether a barge is a supply, material, or equipment, for a boat, should be left to a jury.In certain trades and certain stages of the water, one or more barges are absolutely necessary to enable steamboats to perform their trips.A jury can only determine whether the plaintiff, under the evidence, had sufficiently proved these facts to enable him to recover.Amis v. Steamboat Louisa, 9 Mo. R. 632.3.A complaint is not required to be drawn with the same technical accuracy as a declaration at common law.Perp. Ins. Co. v. Steamboat Detroit, 6 Mo. R. 377.4.In the case of the Louisa, above, 9 Mo. R. 629, the Supreme Court held that a barge may become so far an appurtenance of a boat that, for work done on the barge, the boat will be liable under the statute.In such event, the barge certainly becomes an equipment of the boat; and if an equipment, the furnishing of it comes within the very letter of the statute.

RANNELLS, for Defendant.

SCOTT, J.

This was an action against the Steamboat Belmont for the hiro of a barge, which barge was hired to the said boat for her...