Palmer v. Mill

Decided April 29, 1809

Supreme Court of Virginia · decided 1809-04-29

An appeal from a judgment of the District Court, held at King and Queen CourtHouse. The appellee brought an action on the case, against the appellants, (who were joint owners of a schooner,) as common carriers, for a quantity of wheat damaged on board their vessel, on the voyage from Virginia to Baltimore, in Maryland. The damages were laid in the writ, at 2,500 dollars, but in the declaration, at 250 dollars only.

Decided 1809-04-29

¶1On the authority of the case of Hook v. Turnbull,(b) it was held that the writ might be referred to for the purpose of amendment; and the damages laid therein being sufficiently large, judgment was affirmed by the whole Court.

¶2 May. 1808, MS. and see 2 Hen. & Munf. 457, where the same case is referred to by Jrruoii Tuokek, in giving his opinion in the case of Craghill and others v. Page, Gov. &c.