McGregor v. Rogers

Ohio Supreme Court

McGregor v. Rogers

1 Wright 582, 1 Ohio Ch. 582

DecidedMay 15, 1834

StatusPublished

This text of 1 Wright 582 (McGregor v. Rogers) is published on Counsel Stack Legal Research, covering Ohio Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

McGregor v. Rogers, 1 Wright 582, 1 Ohio Ch. 582 (Ohio 1834).

Pincite

Opinion

*LANE, J.

to the jury. If you are satisfied that the de- [583 fendants’ boat negligently run foul of the flat of the plaintiffs, they •■are entitled to a verdict to the extent of the injury. It is not disputed but the Lady Franklin did run foul of the flat and sunk it with the cargo, for which the plaintiffs, the carriers, have had to pay. If the injury was occasioned by the careless act of the defendants, it is no excuse to show that it would have been more prudent and proper for the owners of the flat to have moored the flat in some other place. It would be most prudent in your streets to walk on the side walks, yet if I took the less prudent course and walked in the middle of the street, I am indeed more exposed to harm, but it confers no right upon a man passing with a carriage negligently to drive over me.

Verdict and judgment for plaintiffs, for $1,740.

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*LANE, J.

to the jury. If you are satisfied that the de- [583 fendants’ boat negligently run foul of the flat of the plaintiffs, they •■are entitled to a verdict to the extent of the injury. It is not disputed but the Lady Franklin did run foul of the flat and sunk it with the cargo, for which the plaintiffs, the carriers, have had to pay. If the injury was occasioned by the careless act of the defendants, it is no excuse to show that it would have been more prudent and proper for the owners of the flat to have moored the flat in some other place. It would be most prudent in your streets to walk on the side walks, yet if I took the less prudent course and walked in the middle of the street, I am indeed more exposed to harm, but it confers no right upon a man passing with a carriage negligently to drive over me.

Verdict and judgment for plaintiffs, for $1,740.

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Bluebook (online)

1 Wright 582, 1 Ohio Ch. 582, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcgregor-v-rogers-ohio-1834.