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Steamboat New World, Edward Minturn, William Menzie, and William H. Webb, Claimants and Appellants, v. Frederick G. King, The U.S. 469 (1854)

handle is hein.slavery/ussccases0219 and id is 1 raw text is: DECEMBER TERM, 1853. 469 Steamboat New World et al. v. King. and, in looking into the case, we see that the controversy was whether this cultivation of Gamache was not on an entirely dif- ferent tract from that now claimed to include the premises in dispute. We are satisfied that the jury must have understood the question to be, whether the cultivation of Gamache, spoken of by the witnesses, was at any place upon the tract to which his heirs now claim title, or at some place upon an entirely dif- ferent tract. In this view of the question submitted to the jury, there would be no propriety in reversing the judgment for the instruction given for the defendant. The instruetions asked by the plaintiffs, which were refused by the court, all refer to the proceedings in the recorder's office, the effect of which has been considered. On the whole it is ordered that the judgment be affirmed. Order. This cause came on to be heard, on the transcript of the re- cord, from the Supreme Court of the State of Missouri, and was argued by counsel. On consideration whereof, it is now here ordered and adjudged by this court, that the judgment of the said Supreme Court, in this cause, be, and the same is hereby affirmed, with costs. THE STEAMBOAT NEW WORLD, EDWARD MINTURN, WILLIAM iM.ENZIE, AND WILLIAM H. WEBB, CLAIMANTS AND APPEL- LANTS, v. FREDERICK G. KING. Mhere a libl was filed, claiming compen'sation for injuries sustained by a passenger in a steamboat, proceeding from Sacramento to San Francisco, in Caliiornia, the case is within the admiralty jurisdiction of the courts of the United States. The circumstance that the passenger was a steamboat man, and as such carried gratuitously, does not deprive him of the right of redress enjoyed by other passen- gers. It was the custom to carry such persons free. The master had power to bind the boat by giving such a free passage. The principle asserted in 14 How. 486, reaffirmed, namely, that when carriers un- dertake to convey persons by the agency of steam, public policy and safety raquire that they should be held to the greatest'possible care and diligence. The theory and cases examined relative to the three degrees of negligence, namely, slight, ordinary, and gross. Skill fs required for the proper management of the boilers and machinery of a steam- boat; and the failre to exert that skill, either because it is not possessed, or from inattention, is gross negligence. The 13th section of the act of Congress, passed on !he 7th of July, 1838, (5 Stat. at Large, 306,) makes the injurious escapeof steam primdfade evidence of negligence; and the owners of the boat, in order to escape from .responsibility, must prove that there was no negligence. VOL. XVI. 40

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