Popleston v. Kitchen

U.S. Circuit Court for the District of Pennsylvania

Popleston v. Kitchen

19 F. Cas. 1048, 3 Wash. C. C. 138

U.S. Circuit Court for the District of Pennsylvania·Decided April 15, 1812·Published

Opinion

WASHINGTON, Circuit Justice,

stated, that the plaintiff was not bound to communicate the age of the vessel, or where built, unless-they had been asked of him. It is enough, if he is prepared to vindicate his implied warranty, as to the seaworthiness of the vessel, in case it be questioned. The court left it to the jury to say, whether, upon the evidence, she was seaworthy at the time the voyage commenced, there being very slight evidence, if any, to the contrary. Verdict for plaintiff.

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WASHINGTON, Circuit Justice,

stated, that the plaintiff was not bound to communicate the age of the vessel, or where built, unless-they had been asked of him. It is enough, if he is prepared to vindicate his implied warranty, as to the seaworthiness of the vessel, in case it be questioned. The court left it to the jury to say, whether, upon the evidence, she was seaworthy at the time the voyage commenced, there being very slight evidence, if any, to the contrary. Verdict for plaintiff.

Popleston v. Kitchen, 19 F. Cas. 1048, 3 Wash. C. C. 138 (circtdpa 1812).

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