Stone v. Ketland
U.S. Circuit Court for the District of Pennsylvania
The case was, that the Washington, the property of defendant, in her passage from Batavia to Philadelphia, observing a schooner, the property of the plaintiff, on her outward passage, and with colours flying, bore down upon her, supposing she wished to speak her. Upon approaching her, the wind variable and dying away, it was found she would not obey her helm, which was put in the proper situation to avoid running against the schooner.
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The case was, that the Washington, the property of defendant, in her passage from Batavia to Philadelphia, observing a schooner, the property of the plaintiff, on her outward passage, and with colours flying, bore down upon her, supposing she wished to speak her. Upon approaching her, the wind variable and dying away, it was found she would not obey her helm, which was put in the proper situation to avoid running against the schooner. Finding that this was now inevitable, the captain ordered the helm to be changed, and the sails put aback, to deaden her way, and diminish the shock. The…
1Opinion of the CourtWashington, Circuit Justice
(charging jury), laid down the rule, that a man who undertook to navigate a ship, was pledged to his owners, and he and they to all the world who might be affected, for his skill, care, and attention. That it was not sufficient for him to say he had exercised his best judgment; but in case any person sustained an injury from him, he was bound to show that he possessed and had exercised the judgment of a skilful and careful commander. That the signal, as understood at sea, was a justification for the Washington, in departing from her course, and bearing down to the schooner, if, in the opinion…
2Cited by4 opinions
- American Telephone & Telegraph Co. v. M/V Cape FearCourt of Appeals for the Third Circuit · 1992
- Thompson v. HermannWisconsin Supreme Court · 1879
- American Telephone & Telegraph Company v. Cape FearCourt of Appeals for the Third Circuit · 1992
- The Hettie EllisU.S. Circuit Court for the District of Eastern Louisiana · 1884