The Arabic
District Court, S.D. New York
1Opinion of the CourtThacher, District Judge
(after making the foregoing statement). Fault is charged in the navigation of the Arabic because the course she sailed brought her into shoal waters in the face of an approaching storm. Hindsight must not influence decision. The question is whether danger could and should have been foreseen and avoided in the exercise of due care. Under ordinary conditions, and even in very stormy weather, it was not bad seamanship for the Arabic to proceed as she did, close to Nantucket Shoals. On the other hand, for a ship so large to run ' into a cyclone in such waters, when the storm’s approach was known…
2Cases cited1 opinion
- La BourgogneDistrict Court, S.D. New York · 1900
3Cited by6 opinions
- Complaint of Compagnie Generale TransatlantiqueDistrict Court, D. Puerto Rico · 1975
- Stevens v. Colombian Mail S. S. Corp.District Court, S.D. New York · 1936
- Moses v. Compagnie Generale TransatlantiqueDistrict Court, E.D. New York · 1936
- The Dixie SwordDistrict Court, E.D. New York · 1944
- United States v. M/V WuerttembergDistrict Court, E.D. North Carolina · 1963
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