The Martello
Supreme Court of the United States
APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF NEW YORK. This was a libel and cross-libel for a collision between the American barkentine Freda A. Willey and the British steamship Martello,'which occurred on the 8th day of May, 1887, at 8 o’clock in the morning, about two miles to the northward and eastward of the Sandy Hook lightship, in a fog, and resulted in the sinking of the barkentine.
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APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF NEW YORK. This was a libel and cross-libel for a collision between the American barkentine Freda A. Willey and the British steamship Martello,'which occurred on the 8th day of May, 1887, at 8 o’clock in the morning, about two miles to the northward and eastward of the Sandy Hook lightship, in a fog, and resulted in the sinking of the barkentine. The District Court found both vessels to have been in fault for excessive speed, and entered a decree dividing the damages and costs. On appeal to the Circuit Court this…
1Opinion of the Court
Mr. Justice Brown,
after stating the case, delivered the opinion of the court.(1) The Circuit and District Courts agreed in holding the Martello to have been in fault for too great speed. In this conclusion we concur.
By the finding of the Circuit Court, that, at the time the horn of the barkentine was heard upon the steamer, the latter was proceeding at a speed of from five and a half to six knots an hour, we are relieved from the necessity of examining the somewhat conflicting testimony upon the question of the steamer’s speed. While it is possible that a speed of six miles an hour, even in a…
2Cases cited9 opinions
- The PennsylvaniaSupreme Court of the United States · 1874
- The City of New YorkSupreme Court of the United States · 1893
- Belden v. ChaseSupreme Court of the United States · 1893
- The “Colorado”Supreme Court of the United States · 1876
- Richelieu & Ontario Navigation Co. v. Boston Marine InsuranceSupreme Court of the United States · 1890
4 more not listed; retrieve them via the Exa API.
3Cited by80 opinions
- The New YorkSupreme Court of the United States · 1899
- Waterman Steamship Corporation v. Gay Cottons, United States of America and Shalom Baby WearCourt of Appeals for the Ninth Circuit · 1969
- Metropolitan S. S. Co. v. VanderbiltCourt of Appeals for the First Circuit · 1896
- The SagamoreCourt of Appeals for the First Circuit · 1917
- O'Rourke v. McConaughey.Louisiana Court of Appeal · 1934
75 more not listed; retrieve them via the Exa API.