In the case of Eber B. Ward, Survivor &c., Owner of the Steamboat Detroit v. Charles Thompson, Ward appealed a decision from the Circuit Court for Michigan that found him liable to pay damages to Thompson in an action on contract. The Supreme Court reversed and remanded this decision due to insufficient evidence presented by Thompson at trial regarding his claim against Ward’s steamboat company. Specifically, there was no proof that any agreement had been made between them or that any money had been paid out as part of such an agreement; thus, it could not be established whether or not a breach occurred and if so who was responsible for it. As such, the court ruled in favor of Ward and held him not liable for any damages owed to Thompson under their alleged contract arrangement.

In the case of Eber B. Ward, Survivor, &c., Owner of the Steamboat Detroit v. Charles Thompson, Justice Nelson delivered a dissenting opinion in which he argued that under maritime law and common usage at the time of this incident, an owner or master was not liable for injuries to passengers caused by their own negligence or misconduct. He further argued that there is no evidence presented in this case to suggest that either party had any knowledge or notice of any defect on board the steamboat prior to its departure from port; thus it could not be said with certainty whether such a defect existed and if so who was responsible for it. Furthermore, even if such a defect did exist and cause injury to passengers due to their own negligence or misconduct while aboard the vessel then liability should still fall upon them rather than those operating it as they were aware of potential risks associated with being onboard such vessels yet chose to take part anyway without exercising caution necessary for safety purposes.