Sewall v. La Champagne
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Southern District of Yevv York. These are cross appeals from a decree of the district court, southern district of Yew York, made on February 14, 1893, awarding libelants one-half the damages sustained by their schooner through a collision with the steamship La Champagne, which occurred about 5:30 a. m., February 25, 1890, on the Atlantic ocean, 25 miles to the southward of Shinnecock light.' Both vessels sustained…
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Appeal from the District Court of the United States for the Southern District of Yevv York. These are cross appeals from a decree of the district court, southern district of Yew York, made on February 14, 1893, awarding libelants one-half the damages sustained by their schooner through a collision with the steamship La Champagne, which occurred about 5:30 a. m., February 25, 1890, on the Atlantic ocean, 25 miles to the southward of Shinnecock light.' Both vessels sustained damage, and the district judge held them both in fault. 43 Fed. 444.
1Opinion of the Court
LACOMBE, Circuit Judge.
The schooner was bound from Darien, Ga., to Bath, Me.; the steamer, into the port of Yew York, from Havre. According to the libelants’ contention, the schooner was sailing under reefed sails on a course about Y.- Y. E. by her compass, making from three to four knots an hour. The weather had been foggy, and at the time of the collision had partially cleared, so that lights and objects could be seen at a considerable distance. It was the mate’s watch, and he was on deck, with a man at the wheel and another on lookout. The masthead light of the steamer was discovered four…
2Cases cited2 opinions
- City of WashingtonU.S. Circuit Court for the District of Eastern New York · 1874
- The Queens CountyDistrict Court, E.D. New York · 1872
3Cited by3 opinions
- The VictoriaCourt of Appeals for the Second Circuit · 1899
- The LivingstoneDistrict Court, N.D. New York · 1898
- The W. N. BavierDistrict Court, S.D. New York · 1924