Dozier v. United States
Dozier v. United States
Opinion of the Court
delivered the opinion of the court:
1. The ground taken in the first conclusion of law needs no enlargement. The decisions of the Supreme Court in cases involving the same question leave no room for questioning the conclusive force of a receipt given by a party in full for a claim where he has knowledge of all the facts and receives the money without protest or demur.
2. The second conclusion seems equally plain. The claimants were not entitled to double compensation for the injury done to their boat by accident of the 29th of July. The boat was fully insured, and they resorted to the insurers for compensation for that injury, and obtained it. That is all they had a right to, and they cannot exact from the Government remuneration on that account.
3. As to the third point, it seems to us but simple justice that, when the Government b.y military force takes a vessel from the possession of her owners and places her in the Gov-
Judgment will, therefore, be rendered in favor of the claimants for $1,445, being for seventeen days’ detention of the Isabella on the docks, at $85 per day.
Reference
- Full Case Name
- DOZIER'S CASE. John T. Dozier v. United States
- Status
- having been paid by the insurers for the damage sustained by the boat from the accident of the 29th of July
- Syllabus
- On the Proofs. In 1864 the claimants’ sleamlioatis talcenfrom them and impressed into the military service, and a new crew put upon her. While in the possession of the defendants’ officers she is injured. The insurers pay ike owners for her injuries. The Quartermaster Department pays the owners for the boat’s use and service up to the time of her going on the dry-doeh. The price allowed for the use and service is fixed by the officer who certifies to the impressment. The oumers receipt in full for the amount allowed. The Quarto-master Department refuses compensation for the time the boat is undergoing repairs. I. Where injuries suffered hy an impressed vessel while in the possession and under the control of the Government are made good to the owners l>y the insurers, the owners have no right of action against the Government for the same damages. II. Where a vessel is taken from the owners and impressed into the military service and suffers injuries while navigated \by Government officers