The Kaiserin Maria Theresa
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Southern District of New York. This cause comes here upon appeal from a decree of the District Court, Southern District of New York, which held both vessels in fault for a collision between the schooner Pavia and the S. S. Kaiserin Maria Theresa.
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Appeal from the District Court of the United States for the Southern District of New York. This cause comes here upon appeal from a decree of the District Court, Southern District of New York, which held both vessels in fault for a collision between the schooner Pavia and the S. S. Kaiserin Maria Theresa. The collision took place about 4:30 a. m., January 4. 1901, on the Atlantic Ocean, about two days’ journey from the port of New York, both vessels were westward bound, the steamer overtaking the schooner.
1Opinion of the Court
LACOMBE, Circuit Judge.
It is conceded that the schooner did not show from her stern the fixed white light, required by article 10, International Rules (Act Aug. 19, 1890, c. 802, § 1, 26 Stat. 320 [U. S. Comp. St. 1901, p. 2866]), but her contention is that she showed a flare-up light, which the article permits as an alternative when no fixed light is carried. The District Judge found that she “faded to properly exhibit a flare-up light. She had a torch aboard, but it was not in a condition to use for lack of oil, so that when it was lighted and attempts made on two occasions to exhibit it to…
2Cases cited6 opinions
- The ScotiaSupreme Court of the United States · 1872
- StarinCourt of Appeals for the Second Circuit · 1903
- Sewall v. La ChampagneDistrict Court, S.D. New York · 1892
- Kennedy v. Steamer SarmatianU.S. Circuit Court for the District of Maryland · 1880
- Moseley v. SlomanCourt of Appeals for the Second Circuit · 1904
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Bradshaw v. VirginiaCourt of Appeals for the Fourth Circuit · 1949
- Peterson v. Permanente Steamship Corp.California Court of Appeal · 1954