# Bussy v. Donaldson

> Supreme Court of Pennsylvania · March 15, 1800 · 4 U.S. 178

URL: https://www.frixlaw.com/law-library/cases/6607067

## Case

- **Full name:** Bussy v. Donaldson
- **Court:** Supreme Court of Pennsylvania
- **Decided:** March 15, 1800
- **Citations:** 4 U.S. 178
- **Precedential status:** Published
- **Opinion:** Concurrence by Smith
- **Judges:** Brackenridge, Generally, Sentiments, Shippen, Smith
- **Cited by:** 3 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6607067

## Opinion text

Smith, Justice.
— I perfectly concur in the opinion expressed by the Chief Justice, upon the responsibility of the owner of a ship. But I confess, that I am not prepared to accede to his opinion, on the assessment of damages. I take this distinction. In a case of contract; or in a case of damage by gross negligence; the jury should always, I think, give a compensation to the full amount of the injury actually sustained. But if an injury is *180 done, in a way merely fortuitous and accidental, I think, the jury have a legal and salutary discretion upon the subject.
Brackenridge, Justice, concurred generally in the sentiments of the Chief Justice.
Verdict in favor of the plaintiff for $2500. (a)
The account exhibited for the whole expense of raising and repairing the brig, amounted to 13102. 8s. 9d.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6607067. Public record. Not legal advice.