Scull v. Raymond
District Court, S.D. New York
This action was brought against the owners of the steamer Zodiac by the owners of the schooner William Wallace, to recover their damages sustained through a collision of the schooner with the steamer on the sixth of October, 1872. On October 11, 1872, a libel in rem was filed in this court against the steamer, and upon trial the steamer was held liable on June 29, 1877, and a final decree was rendered for the libelants on January 31, 1880, for $ 1,153.90 damages.
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This action was brought against the owners of the steamer Zodiac by the owners of the schooner William Wallace, to recover their damages sustained through a collision of the schooner with the steamer on the sixth of October, 1872. On October 11, 1872, a libel in rem was filed in this court against the steamer, and upon trial the steamer was held liable on June 29, 1877, and a final decree was rendered for the libelants on January 31, 1880, for $ 1,153.90 damages. The vessel was arrested at the commencement of the action in rem, and was released upon a stipulation given by the New York &…
1Opinion of the CourtBrown, J.
To make one man answerable for the torts of another they must stand to each other in the relation of master and servant, or of priúcipal and agent, in some of its varied forms, so that the maxim respondeat superior applies. Story, Ag. §§ 452, 453; .1 Pars. Shipp. & Adm.106; The Druid, 1 Wm. Rob. 391, 398. Upon the facts in. the present case, however, the defendant Eaymond stood in no such relation to the master of the vessel upon the voyage during which the collision occurred. The master wa.s in the employment and under .the direction of the other part owners exclusively. The defendant…
2Cases cited13 opinions
- Thorp v. HammondSupreme Court of the United States · 1871
- MacY v. . WheelerNew York Court of Appeals · 1864
- Leonard & M'Cartee v. HuntingtonNew York Supreme Court · 1818
- The Sarah AnnU.S. Circuit Court for the District of Massachusetts · 1835
- Stedman v. . FeidlerNew York Court of Appeals · 1859
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3Cited by13 opinions
- Marshall v. International Mercantile Marine Co.Court of Appeals for the Second Circuit · 1930
- Westfall Larson & Co. v. All-Man-Hubble Tug Boat Co.Court of Appeals for the Ninth Circuit · 1934
- Aird v. Weyerhaeuser S. S. Co.Court of Appeals for the Third Circuit · 1948
- Nolte v. Hudson Nav. Co.Court of Appeals for the Second Circuit · 1924
- The City of AtlantaDistrict Court, S.D. Georgia · 1927
8 more not listed; retrieve them via the Exa API.