Reports of Civil and Criminal Cases Decided by the Court of Appeals of Kentucky, 1785-1951 Volume 3; V. 66
This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1869 edition. Excerpt: ...on the 26th day of July, 1860, prosecuted this action against the appellant as one of the owners and managers of the Chancellor, to recover damages, as partial compensation for the loss of his boat, to be estimated on the basis that the collision was the result of mutual and equal fault on the part of the managers of the two boats, according to the provisions of the 16A section of chapter 7 of the Revised Statutes, which declares that: "If the collision between two boats be the result of mutual and equal fault, or, if it cannot be ascertained which was in fault, the loss or damage ensuing from Stewart vs. Harry. the collision shall be apportioned between the two boats, according to their relative values, exclusive of cargo." The defense controverted the averments imputing any fault to the managers of the Chancellor, and a trial of this issue resulted in a verdict and judgment for the plaintiff for four thousand two hundred and ten dollars and fifty-two cents; and the court having refused to grant the defendant a new trial, he has appealed to this court. The appellant now seeks a reversal of the judgment on three grounds: 1. That the court, being a State tribunal, had no jurisdiction of the subject of the action. 2. That the court erred in giving and in refusing instructions to the jury asked on the trial. 3. That the verdict was not sustained by the evidence. The first of these objections to the judgment involves the constitutionality of said 16/// section of chapter 7 of the Revised Statutes, and rests upon the assumption that that provision, and all laws of this State intended to confer upon the State courts jurisdiction in cases like this, are in conflict with the act of Congress passed in pursuance of that clause in the Federal...
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