From this fentence an appeal hath been brought by the Libellants to this Court, the higheft in the State, having the ultimate and fuperintending power to correct the errors of all interior tribunals.
It is right and proper before we examine the evidence, accurately to ftate the queftion in controverfy.
We are not now to decide, generally, whether Captains of veffels are not refponfible to their owners for neglect of duty, or breach of truft ; it being admitted on all hands, that the mafter may fue his fervant for any breach of truft or confidence. If a fhepherd, by his negligence, fuffer my fheep to be drowned ; or fhould my cattle, through the negligence of my fervant, commit a trefpafs upon my neighbour ; the fhepherd and fervant are both liable in thefe cafes. And, in the latter cafe, I am refponfible over to my neighbor for the injury he receives through the neglect of my fervant. Doctor &Student 37. Noy. 109. 5 Co. 13. 14.
Nor are we now to enquire, whether Angus be refponfible to Silas Talbot for a trefpafs. I admit that he is clearly fo ; and that no defence he could make, founded on ignorance, accident, or miftake, could avail hi on fuch fuit by Talbot. If Angus joined in the trefpafs, it is immaterial to Talbot what where his views, or whether he did it intentionally, or not. If I hurt a perfon through negligence, it is no juftification in an action of affault and battery. Buller. 16. And there is a cafe in one of the books, where a gun went off by accident, and wounded a perfon, and it was held that trefpafs lies It is to no purpofe, therefore, and wide of the perfent queftion, to cite authorities to prove that in trefpafs all are anfwerable. Whether Angus fhewed more or lefs zeal ; whether he did all the could, or not ; are ufelefs enquires at this time. In trefpafs all are liable ; and this rule would apply on a fuit by Talbot againft Angus, even though the trefpafs might appear, on the part of Angus, to have been incautioufly, or unintentionally, committed.
The queftion before the Court is a fpecial one, refting on its own peculiar circumʃtances, and not involving in it the examination or adjuftment of any general principles of law. But before I proceed to ftate what I take to be the queftion, I will make a few previous obfervations, on the doctrine of refponfibility, fo far as the fame is applicable, or neceffary, at prefent.
The owners, as well as the captains of veffels, are, by the civil law, liable for trefpaffes committed on the fea. The owners are liable on the principle, that the captain is their fervant, bound to obey their orders, and to purfue their inftructions : a confidence or truft is repofed in him, that he will conduct himfelf agreeably to the principles of integrity and good faith ; and that he will be guilty of no outrage upon others, or of any criminal neglect whatever. By rendering the owners refponfible for the captains, the law hath laid them under the ftrongeft obligations to employ none
