Ogle and Another against Barnes and Others [in the COURT of KING'S BENCH.]
| Jurisdiction | England & Wales |
| Judgment Date | 15 April 1799 |
| Date | 15 April 1799 |
| Court | Court of the King's Bench |
English Reports Citation: 101 E.R. 1338
IN THE COURT OF KING'S BENCH.
1 B. & R. 472. 1 East. 106. 3 East, 593.
ogle and another against barnes and others. Monday, April 15th, 1799. If A. wilfully run his vessel against B.'s, and damage ensue, B. may bring trespass : but if A. so negligently steer his vessel that it runs foul of B.'s, then case-is the proper action. [1 B. & P. 472. 1 East, 106. 3 East, 593.] This was an action upon the case. The declaration stated, that the plaintiffs were possessed of a ship called the " Anne," which was sailing on a certain voyage, &c. and that the defendants were possessed of another ship called the "Acteon," also sailing, &c. of which they had the care, direction, and management; but that they so incautiously, carelessly, negligently, and inexpertly managed, steered, and directed their ship, and took such bad care of the management, steering, and direction thereof,, that the said ship of the defendants, through the mere default, and by reason of the negligence, carelessness, ignorance, and unskilfulness of the defendants, with great violence and force, sailed against and ran foul of, and came upon and against the ship-of the plaintiffs, and struck against the said ship of the plaintiffs with great force, so that the plaintiff's ship was greatly damaged, &c. The second count in the [189J declaration only varied from the first in stating, that the defendants' ship was under the care and direction of Barnes, one of the defendants, and of certain servants of the defendants, &c. (a) But according to the report of this case in Saunders, it is rather to be collected1 that the Court did not decide this point: but simply that on those pleadings it must be intended that the writ was delivered to the sheriff before the arrest. (5) In this, as well as in the other case before cited, a warrant was delivered to the officer before the arrest. (c) The 53d section of which (after reciting that under-sheriffs make and deliver out blank warrants to attornies and bailiffs, for arresting persons on mesne process, without having any writ to justify the same) enacts, that if any sheriff, &c."shall make or deliver any warrant, either in blank, or filled up in part, or in all, before he shall actually have in his custody the writ, &c. he shall forfeit 101.-And the 54th section requires, that the day and year when the writ is sued out shall be set down on the warrant. 8T.K.I90. OGLE V.BARNES 1339 The...
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