Opinion · Nclaw North Carolina
GARDNER v. SMALLWOOD, 3 N.C. 349 (1805)
GARDNER DEVEREUX v. SMALLWOOD., 3 N.C. 349 (Superior Court of North Carolina 1805)
- Type
- Opinion
- Court
- Nclaw North Carolina
- Jurisdiction
- Nclaw
- Date
- 1805-01-01
- Topic
- general
GARDNER v. SMALLWOOD, 3 N.C. 349 (1805) GARDNER DEVEREUX v. SMALLWOOD.Superior Court of North Carolina (Spring Riding, 1805.) 1. Taking a full price and stowing upon deck will subject the owner of a vessel to pay damages, if what is placed on deck be thereby lost or damaged; but if that did not occasion the loss, he will be no more liable for damage to that part of the cargo than for the rest of it. 2. A captain of a ship is not a competent witness for the owner, sued for the loss of a cargo, to prove that the loss was occasioned by stress of weather and not by negligence.
Citator
UpLaw has not yet analyzed GARDNER v. SMALLWOOD, 3 N.C. 349 (1805). The absence of a flag is not a finding that it is good law.
2. A captain of a ship is not a competent witness for the owner, sued for the loss of a cargo, to prove that the loss was occasioned by stress of weather and not by negligence.
N. B. — In the above case the owner of the ship, the defendant, offered the captain as a witness to prove the loss to have been occasioned by distress of weather, and not by any neglect on his part; but the Court would not receive him till released by the defendant. The Court said it is not like the case of a shopkeeper's servant becoming a witness.Page 305