The Hypodame
Supreme Court of the United States
Chapin libelled the propeller Hypodame for a collision which had occurred on the Hudson River, on a December night, 1862, a little below Dunderberg, between the propeller just named, then going up the river, and a schooner of his descending it, by which the schooner was struck on its port side near the cathead, split open for ten feet or more, and sunk before she could be towed into shallow water.
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Chapin libelled the propeller Hypodame for a collision which had occurred on the Hudson River, on a December night, 1862, a little below Dunderberg, between the propeller just named, then going up the river, and a schooner of his descending it, by which the schooner was struck on its port side near the cathead, split open for ten feet or more, and sunk before she could be towed into shallow water. His allegation was that the propeller, ascending the river on its east side, at the rate of eleven or twelve miles an hour, with no proper lookout stationed or attending to his duty, with plenty of…
1Opinion of the CourtJustice Grier
In cases of collision the testimony is often conflicting and irreconcilable. Each party can make out a plausible case supported by some evidence. In such cases we have frequently decided that where the district and circuits concur in opinion on the facts, and there is testimony supporting their decision, we will not reverse it on doubts raised by ingenuity of counsel. *
The District Courts have better opportunities for examining such cases and forming a correct conclusion than any other. They may examine witnesses ore temis, and although they may not have Trinity masters to assist them, yet in…
2Cited by15 opinions
- The City of New YorkSupreme Court of the United States · 1893
- The UmbriaSupreme Court of the United States · 1897
- Spencer Kellogg & Sons, Inc. v. HicksSupreme Court of the United States · 1932
- The MartelloSupreme Court of the United States · 1894
- The George W. RobyCourt of Appeals for the Sixth Circuit · 1901
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