The Gray Eagle
U.S. Circuit Court for the District of Wisconsin
This was an appeal from a decree of the district court dismissing a libel filed by John Greening- and Charles N. Deott, as owners of the schooner Perseverance, against the schooner Gray Eagle, for damages caused by a collision. [See Case No. 5.734.] Emmons and Van Dyke, for respondents, as to absence of lights cited Waring v. Clarke, 5 How.- [46 TJ.
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This was an appeal from a decree of the district court dismissing a libel filed by John Greening- and Charles N. Deott, as owners of the schooner Perseverance, against the schooner Gray Eagle, for damages caused by a collision. [See Case No. 5.734.] Emmons and Van Dyke, for respondents, as to absence of lights cited Waring v. Clarke, 5 How.- [46 TJ. S.] 465; The Delaware v. The Osprey [Case No. 3,763]; The Emperor v. The Zephyr, Holt, Rule of Road, 24; The Pyrus v. The Smales, Id. 40; The Louisa v. The City of Paris, Id. 22. What will excuse departure from rule. The Prin-eessan Lovisa v. The…
1Opinion of the Court
DAVIS, Circuit Justice.
The schooner Perseverance sailed from Chicago on the 19th of November, 1864, with a cargo of wheat, bound for Ogdensburg. When in Lake Michigan, off the Manitou Islands, during a severe storm, she lost her signal lights, which she was unable to replace after making efforts to do .so. Owing to the lateness of the season, the severity of the weather, and the extent of her voyage, being unwilling to incur the delay of lying by at night, she proceeded on her way, showing at night a white light, in order to call the attention of other vessels to her. While running through…
2Cited by2 opinions
- American Manuf'g Co. v. The MaverickDistrict Court, E.D. New York · 1896
- The Golden GroveDistrict Court, D. Delaware · 1882