Cook v. Mallory

D. New York

Cook v. Mallory

6 F. Cas. 412, 44 Hunt Mer. Mag. 627

District Court, D. New York·Decided July 1, 1861·Published

Opinion

Collision — Change in the Rule op Damages.

The rule of general law which gave damages for a collision to the full amount of the injury is superseded by the statute of 1851 [9 Stat 635] which limits the recovery to the amount of the interest of the owners in the colliding vessel and her freight pending at the time of the collision, and the power of the court to award greater damage is abolished by positive law.

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Collision — Change in the Rule op Damages.

The rule of general law which gave damages for a collision to the full amount of the injury is superseded by the statute of 1851 [9 Stat 635] which limits the recovery to the amount of the interest of the owners in the colliding vessel and her freight pending at the time of the collision, and the power of the court to award greater damage is abolished by positive law.

Cook v. Mallory, 6 F. Cas. 412, 44 Hunt Mer. Mag. 627 (nyd 1861).

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