The Nichols
Supreme Court of the United States
Brown, owning a schooner of that name, filed a libel in the District Court for,Northern New York, against the barque Nichols; the ground of his complaint being, that the two ■vessels being on Lake Erie, one going in one direction,'and the other coming towards it in another nearly opposite, .and. the two so approaching each other, the barque had, in violation of tbe “ Rules and Regulations for Preventing Col: lisions on .the Water,” fixed by the act of Congress of April…
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Brown, owning a schooner of that name, filed a libel in the District Court for,Northern New York, against the barque Nichols; the ground of his complaint being, that the two ■vessels being on Lake Erie, one going in one direction,'and the other coming towards it in another nearly opposite, .and. the two so approaching each other, the barque had, in violation of tbe “ Rules and Regulations for Preventing Col: lisions on .the Water,” fixed by the act of Congress of April 29,1864,* rail into his schooner, ,and sunk ber and her cargo. The Phoenix -Insurance ¡Company, which had insured the cargo,…
1Opinion of the CourtJustice Clifford
Controversies growing out of collisions between ships on navigable waters are in general of easy solution in eases where, the facts are agreed, or where there is no material conflict in the testimony of the witnesses. Few cases; however, find their way into the tribunals of justice where the witnesses examined in the case concur. either as to which vessel was in fault, or as to'the circumstances attending the collision. On the contrary, such investigations are almost always complicated and embarrassed with conflicting testimony, and sometimes to such an extent that it is exceedingly difficult…
2Cited by23 opinions
- The NacoocheeSupreme Court of the United States · 1890
- The Elizabeth JonesSupreme Court of the United States · 1884
- The SmithSupreme Court of the United States · 1887
- The LafayetteCourt of Appeals for the Second Circuit · 1920
- The “Free State”Supreme Court of the United States · 1876
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