Legal Opinion

Owners of the Gen. Geary v. The George W. Childs

District Court, E.D. Pennsylvania

Decided March 19, 1895No. 83PublishedCited by 6 opinions

This was a libel by the owners of the sloop Gen. Geary against the tng George W. Childs and the schooner W. C. Tanner, to recover damages resulting from a collision.

1Opinion of the Court

BUTLER, District Judge.

On the night of November 11, 1892, as the sloop passed down the Delaware river, near Chester, she was run into by the schooner, then in charge of the tug, and with her cargo was sunk. The night was clear, without moon, and the tide ebb.

The material questions raised are: Were the sloop’s lights up? and was either the schooner or tug in fault? As respects the first, the testimony is conflicting, and irreconcilable. After a careful examination of it, my judgment is against the sloop. The clear weight of the testimony justifies a conclusion that her lights were not up.

As…

2Cases cited7 opinions

  1. The Propeller Genesee Chief v. FitzhughSupreme Court of the United States · 1852
  2. The OttawaSupreme Court of the United States · 1866
  3. Chamberlain v. WardSupreme Court of the United States · 1859
  4. Haney v. Baltimore Steam Packet CompanySupreme Court of the United States · 1860
  5. City of Philadelphia v. GavagninCourt of Appeals for the Third Circuit · 1894

2 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. The TillicumDistrict Court, W.D. Washington · 1914
  2. Brigham v. LuckenbachDistrict Court, D. Maine · 1905
  3. The Wilbert L. SmithDistrict Court, W.D. Washington · 1914
  4. New v. United StatesDistrict Court, E.D. Virginia · 1921
  5. Frost v. GallupDistrict Court, D. Rhode Island · 1971

1 more not listed; retrieve them via the Exa API.

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