Ward v. The Fashion
District Court, D. Michigan
[This was a libel by E. B. Ward and S. Ward, owners of the steamboat Pacific, against the brig Fashion to recover damages sustained by a collision.] 1. In the case of the Woodrop Sims [2 Dod. 82], cited in Abb. Shipp. 229, Lord Stoweil stated four classes of collision in the English admiralty: 1st. Where the collision is without fault on either side, as by inevitable accident or vis major; there the loss is left where it fell. 2d.
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[This was a libel by E. B. Ward and S. Ward, owners of the steamboat Pacific, against the brig Fashion to recover damages sustained by a collision.] 1. In the case of the Woodrop Sims [2 Dod. 82], cited in Abb. Shipp. 229, Lord Stoweil stated four classes of collision in the English admiralty: 1st. Where the collision is without fault on either side, as by inevitable accident or vis major; there the loss is left where it fell. 2d. Where both parties are to blame; there the whole loss is put together and divided in equal moieties, each party bearing half. Rogers v. The Rival [C'ase No.…
1Opinion of the Court
AVILKINS. District Judge.
This is a cause of collision between a steamer and a brig, at the mouth of the river Detroit. The libelants were the owners of the steamer Pacific, and exhibited in their bill the following allegations, viz.: “That the said steamboat, of the burthen of 500 tons and over, on the 26th of Hay, 1S53. sailed from the port of Detroit with a large load of passengers and a small cargo of merchandise, on a voyage to the port of Cleveland, in the state of Ohio; that, in the evening, when about a mile and three-quarters below the port of Malden, and about three-quarters of a…
2Cases cited1 opinion
- Smith v. CondrySupreme Court of the United States · 1843
3Cited by1 opinion
- Parrott v. . Knickerbocker and N.Y. Ice Cos.New York Court of Appeals · 1871