Noah Haynes Swayne

“ He was struck down in the noon of life and made a paralytic, with little or no hope, according to the medical testimony, of amendment in the future. For such an injury the amount decreed was certainly none too large.
The branch of the case relative to the United States is upon a different footing. Their flat-boat is neither alleged nor proved to have been in any wise in fault. The principle of apportionment has, therefore, no application to them. Their boat not being inculpated, they are entitled to full damages. The decree of the Circuit Court is erroneous in not giving it to them. ”

“ There is no single fact alleged by either party injuriously affecting the other in relation to which the antagonisms in the evidence are not as direct and absolute as is possible. As usual, the witnesses on each side vindicate their own vessel, and throw the entire fault upon the other vessel. ”

“ The fact of fault on both sides being established, an apportionment of the damages necessarily followed. The amount awarded to Pursglove, in this view of the case, is assailed as being excessively large. We do not so regard it. ”