Legal Opinion

Coffin v. Stewart

Court of Appeals for the First Circuit

Decided April 29, 1897No. Nos. 113 and 116PublishedCited by 2 opinions

Appeal front the Circuit Court of the United States for the District of Maine. This was a suit in admiralty by Thomas J. Stewart and others, owners of the schooner Kabboni, against O. P. Kumball and others, owners of the barkentine Nellie E. Kumball, to recover damages for a collision. A cross libel was also filed by the respondents.

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Appeal front the Circuit Court of the United States for the District of Maine. This was a suit in admiralty by Thomas J. Stewart and others, owners of the schooner Kabboni, against O. P. Kumball and others, owners of the barkentine Nellie E. Kumball, to recover damages for a collision. A cross libel was also filed by the respondents. The district court found that the Kumball was alone in fault, and decreed accordingly. 53 Fed. 948. On appeal to the circuit it was held that both vessels were in fault, and a decree for divided damages was accordingly entered. Id. 952.

1Per curiam

A substantial part of the testimony presented here on the part of the Rumball was not before the district court when the case was decided there, and the testimony of Axel Julius Coster, mate of the Rumball, was not before the circuit court at the time of the original decision therein; and here, upon a full and careful consideration of all the evidence and the arguments now presented, a conclusion is reached different from that in either the district or circuit court. The conclusion is that the trouble arose from the defective green light of the schooner Rabboni. Tt is believed that the…

2Cited by2 opinions

  1. Winsor v. AyerCourt of Appeals for the First Circuit · 1906
  2. Thornton v. Victory Carriers, Inc.District Court, E.D. Virginia · 1965

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