Legal Opinion

Neally v. The Michigan

Court of Appeals for the Fourth Circuit

Decided October 2, 1894No. 83PublishedCited by 22 opinions

Appeal from the District Court of the United States for the District; of Maryland. This was a libel by ,B. Frank Aeally and others, owners of the schooner John Holland, against the steamship Michigan, for collision. There was a judgment for libelee (63 Fed. 295), and libel-ants appeal.

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Appeal from the District Court of the United States for the District; of Maryland. This was a libel by ,B. Frank Aeally and others, owners of the schooner John Holland, against the steamship Michigan, for collision. There was a judgment for libelee (63 Fed. 295), and libel-ants appeal. On the 10th June, 1893, at about 3:35 in the morning, the four-masted schooner John Holland and the British steamer Michigan were in collision, about nine miles eastward of Gape Henry, Va., in the Atlantic ocean. The Holland was 205 feet long over all, 40 feet beam, and about 18 feet deep. She -was four-masted,…

1Opinion of the CourtHughes, District Judge

(after stating the facts). The rules of navigation bearing upon the case under consideration are as follows:

“In fogs, whether by day or night: A steamship under way shall make with her steam whistle, at intervals of not more than two minutes, a prolonged blast. A sailing ship under way shall make with her fog horn, at intervals of not more than two minutes, when on the starboard tack, one blast; when on the port tack, two blasts in succession. Every ship shall in a fog go at a moderate speed. In general, if two ships, one of which is a sailing ship and the other a steamship, are proceeding in…

2Cited by22 opinions

  1. The ManchionealCourt of Appeals for the Second Circuit · 1917
  2. The SagamoreCourt of Appeals for the First Circuit · 1917
  3. The RichmondDistrict Court, E.D. Virginia · 1902
  4. The El SolDistrict Court, S.D. New York · 1930
  5. Henry v. MichaelCourt of Appeals for the Fourth Circuit · 1905

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