Mills v. Armstrong (The Bernina)

13 App. Cas. 1 (1888)

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Nature Of The Case

This section contains the nature of the case and procedural background.

Facts

Two ships (the S.S. Bushire and the S.S. Bernina) collided. Those in charge of both ships were each negligent. Mills' (P) decedents worked on the Bushire. P sued Armstrong (The Bernina) (D), claiming that D was negligent. D claimed that the equal negligence of the Bushire's navigators was imputed to P by the very fact of their being aboard that ship. The trial court held P contributorily negligent. The court of appeals reversed the judgment. D appealed.

Issues

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Holding & Decision

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Legal Analysis

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