The Evansville daily journal. [volume] (Evansville, Ia. [i.e. Ind.]) 1848-1862, 1856-02-01

" Keep Cuelf OdugnIeFS hear enough 10 re-
ceive frequent visits, and in case of sickness
or decline in health, to draw them within the
sphere of home attention and affection. But
we had only intended to accede to Mr.. Nor
toms request, of extending a general invitation
to our citizens to attend the dedication at
Princeton on the 9th inst
ACTION AGAINST A STEAMBOAT FOR AN AS
fSAULT BY AN OFFICER-Michael Mink sued
the Steamboat Forest Rose II an as 1t com
mitted by the mate, az Evansville, IN 1858.
The defense RAISED the objection that the
mate was not an owner of the boat, and that
the amendatory act of March, 1913, which al
lows suit to be brought under water craft
law, where the cause Of action lies out of the
State, is unconstitutional.
The Court oycrruled the objections, and a
bill perceptions was taken.
The plaintiffs council urged that the as
sault was unprovoked, wanton and brutal, and
entitled the party to exemplary damages; that
there were no mitigating circumstances, and
no provocation on the part of Mink who was
a hand on the boat.
In charging the jury, Judge Parker instruct
ed them that the law under which the suit
was brought was constitutional: that the boat
was responsible for the action of the mate. and
it made no difference if he was an owner of
the boat or not, if he was one Of the officers
specified in the statute. that the boat was re-
sponsible for injuries he inflicted and in es-
timating them the jury should apply the same
rules as in ordinary assault and battery-giv-
ing the plaintiff such damages as were com
pensatory, or beyond that, as the crcumstan-
ces might justify.
The jury, after an absence of about fifteen
minutes, returned with verdict for plaintiff,
with ninety-fve dollars damages.
Gin Com.
The decision as above made, though at first
sight it may seem to the mntnitiatel to be cor
rect in both law and equity, is certainly hard
one on steamboats,. a ss.t
Man, of all animals, the only one en-
dowed with reason. is frequently the victim
of sudden madness as you might term it.
Mates ofsteamboats and all other officers,
frequently become exasperated to the highest
degree, by the ignorance and stupidity, and
often by the exhibition of refractory spirit,
on the part Of those under them. Should be
yield to this sudden passion and strike a man,
innocent parties, the otoners of the boat, prob
ably persons who may reprohate the act in
the greatest degree, must pay the bill.
Let the man who inficts the injury in this
as in cases ashore, be held personally respon-
'sible. Why is it that steamboat owners
should be held responsible for such acts as
these? Suppose man employs another to
lrry on any business ashore-a mill for in
stance. Two of the employees, one subordin-
ate to the other, quarrel, the superior strikes
the subordiate, nficting serious injury. Would
our friend Ross, for instance, be held respon-
sible for injury inflicted by one of his employ
ees, or another and subordinate hand?
1t is too much the custom in the West, for
steamboats, and steamboatmen, to be held re-
sponsible for everything. They are consider
ed fair game, and often man in all other
subjects properly honest, considers himself at
perfect liberty to swindle or cheat, nay, actu-
ally to steal from steamboat OR steamboat
man. Now the writer is not an old man, but
has spent large portion Of his life steamboat
ing and travelling on the Western and South
ern rivers. He can give it as his own per-
sonal experience from actual observation, and
he can confidently assert, that single large
steamboat does more actual charity in one sea-
son than any city in the country, of 5000 in
habitants. Who ever heard ola steamboat
man being called on to contribute to charita-
bic purposes, and refusing?
Again, the days of the half horse, half ali
gator set of boatmen, have long since passed.
Steamboatmen now as class, have as much
intelligence and as much refinement and are
as finished gentlemen, as any other class
men in the community. Why then should
they, when they go before Judge in nine
cases out of ten find themselves in Court
of injustice and be compelled to submit to
constant and repeated extortions, in preferew
to going to law, feeling that if they stand a
suit. they submit to an additional expense and
delay, and fail in getting justice at last?
The decision above made may perhaps have
been just so far as the mate himselfis concern
ed, but it is unquestonable that it Will result,
ifcarried out in all cases, in costing the steam
boatsmen thousands of dollars, which will
come off Of parties ignorant of the act when
committed, and most probably strongly req
rotating it when informed of it. Yet, the
community onhaor To tbirI- - e,r,-or hin, r;o+