The Ontario
District Court, D. Massachusetts
Cross-libels for damage by collision between the whale-ships Ontario and Helen Mar, in the Arctic ocean, Sept. 26, 1866, at ten o’clock at night. A gale was blowing from the north-west, and both vessels were lying-to under storm-sails.
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Cross-libels for damage by collision between the whale-ships Ontario and Helen Mar, in the Arctic ocean, Sept. 26, 1866, at ten o’clock at night. A gale was blowing from the north-west, and both vessels were lying-to under storm-sails. They were bark-rigged vessels; and, according to their several pleadings, the Ontario was close-hauled on the starboard tack under close-reefed main topsail and foretop-mast staysail, and the Helen Mar was close-hauled on the port tack, having set her lower main-topsail, fore-staysail, and foretop-mast staysail. Bach vessel was making from one and a half to two…
1Opinion of the Court
LOWELL, District Judge.
The delay in this case seems to have been unavoidable by the parties, owing to the very great distance of the place of disaster from the home port of the vessels, and the dispersion of one of the crews; but it is much to be regretted. The contradictions of evidence for which this class of cases is noted have always seemed to me to be comparatively harmless, when the witnesses can be brought forward immediately after the event, so that their accuracy can be tested by those minute circumstances which escape with the lapse of time. Most of the leading facts of this…
2Cases cited1 opinion
- Sherman & McCabe v. FreamNew York Supreme Court · 1859
3Cited by6 opinions
- The SagamoreCourt of Appeals for the First Circuit · 1917
- The Ada A. KennedyDistrict Court, D. Massachusetts · 1888
- Coombs v. DuncanU.S. Circuit Court for the District of Massachusetts · 1880
- Lewis v. City of SavannahDistrict Court, S.D. New York · 1890
- Pacific Navigation Co. v. AllenHawaii Supreme Court · 1887
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