Clarke v. The Fashion
U.S. Circuit Court for the District of Eastern Pennsylvania
The steamer Fashion had run very negligently into a small river sloop, the Syrian, of 43 tons, owned by Clarke, and had injured her hull and stranded her in the mud near one of the Philadelphia docks. As she lay keeled over, the damaged side of her ■was partially above water even at higb tide, and at very low water a part of ber keel fore and aft was exposed.
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The steamer Fashion had run very negligently into a small river sloop, the Syrian, of 43 tons, owned by Clarke, and had injured her hull and stranded her in the mud near one of the Philadelphia docks. As she lay keeled over, the damaged side of her ■was partially above water even at higb tide, and at very low water a part of ber keel fore and aft was exposed. Not having been much injured, she was thus in a position capable of being raised and repaired without great difficulty or cost. She was a common coal sloop, with a cargo of coal worth at most $225, which was not essentially injured by…
1Opinion of the Court
GRIER, Circuit Justice.
The doctrine of abandonment, as connected with cases of insurance, has never been imported into courts of admiralty, and has no application to cases of collision. Where avessel is injured by collision at sea, and then sunk, the owners are not bound to risk a greater loss than that of the vessel and cargo, on the mere possible-chance or speculation of saving something,, by endeavours to raise her, and are entitled to recover to the whole extent of their loss. But where she is only partially injured, and there is the slightest chance of bringing her into port, the effort…
2Cited by2 opinions
- The C. F. BielmanDistrict Court, E.D. Wisconsin · 1901
- The D. NewcombDistrict Court, W.D. Pennsylvania · 1883