The Lady Franklin
District Court, D. Massachusetts
The libellant’s case was, that his schooner, the Ida J., was anchored in the harbor of ‘Boston, in a lawful and proper place, at about noon of the 22d July, 1872; and that the Lady Franklin, a schooner of about ninety tons register, was running out light-making about eight knots, with a free wind and favorable tide, and ran so near the Ida J. that the jib-boom of the latter was caught in the leach of the Lady Franklin’s foresail. and the vessels were entangled for a time,…
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The libellant’s case was, that his schooner, the Ida J., was anchored in the harbor of ‘Boston, in a lawful and proper place, at about noon of the 22d July, 1872; and that the Lady Franklin, a schooner of about ninety tons register, was running out light-making about eight knots, with a free wind and favorable tide, and ran so near the Ida J. that the jib-boom of the latter was caught in the leach of the Lady Franklin’s foresail. and the vessels were entangled for a time, and some injury was done to the complainant. The defence was, that the Ida J. was lying in an improper place, without an…
1Opinion of the Court
LOAYELL, District Judge.
That a vessel which is in motion is bound to avoid one lying at anchor, is a rule so plainly founded in reason, that there can never have been different opinions about it. It may be well enough, notwithstanding, to note a .few of the many cases in which it has been distinctly affirmed under various circumstances. The Girolamo, 3 Hagg. Adm. 169; The Louisiana, 3 Wall. [70 U. S.] 164; The Granite State, Id. 310; Amoskeag Manuf'g Co. v. *935The John Adams [Case No. 338]; The D. S. Gregory [Id. 4,102]; The Scioto [Id. 12,508]; The Julia M. Hallock [Id. 7,579]; The Wanata [Id.…
2Cases cited1 opinion
- Simpson v. HandSupreme Court of Pennsylvania · 1841
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- In re Eastern Dredging Co.District Court, D. Massachusetts · 1906
- The RockawayDistrict Court, S.D. New York · 1884
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