The Marcia Tribou
District Court, D. Massachusetts
This was a libel In admiralty to recover damages to the sloop Diploma, arising from a collision in Boston harbor, in October, 1856, between that vessel and the schooner Marcia Tribou. The facts were as follows; The sloop, with a load of stones and gravel, beat up the harbor till she arrived at a point between Bird Island and East Boston, where, owing to the strength of the tide and the decrease of the wind, she came to anchor in the channel, to await the turn of the tide.
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This was a libel In admiralty to recover damages to the sloop Diploma, arising from a collision in Boston harbor, in October, 1856, between that vessel and the schooner Marcia Tribou. The facts were as follows; The sloop, with a load of stones and gravel, beat up the harbor till she arrived at a point between Bird Island and East Boston, where, owing to the strength of the tide and the decrease of the wind, she came to anchor in the channel, to await the turn of the tide. The precise part of the channel where she anchored was disputed, and evidence was introduced by the libellant to show that…
1Opinion of the Court
SPRAGUE, District Judge.
The position of the sloop is one of the most material points in this case; and upon the evidence which has been introduced, I am of opinion that she was anchored in the channel outside of the harbor-master’s line, in an improper place, and must be held to have been guilty of negligence in so doing. I am further of opinion that the schooner was also in fault in not avoiding the sloop, notwithstanding that she was anchored in an improper place. *702The weather was fine, and the evidence shows that all the crew of the schooner, except the captain, were occupied in preparing…
2Cited by3 opinions
- Lambert v. . Staten Island R.R. Co.New York Court of Appeals · 1877
- Commonwealth & Dominion Line, Ltd. v. Seaboard Transp. Co.District Court, D. Massachusetts · 1919
- The Nettie SundbergDistrict Court, N.D. California · 1900