The Eva D. Rose
Court of Appeals for the Fourth Circuit
Appeal from the District Court of the United States for the Eastern District of North Carolina, at Newbern. The appellant, master of the schooner Eva D. Rose, undertook to transport upon said vessel from the port of Baltimore, Md., to the appellees at Stonewall, N. (’., part of a cargo of merchandise, and, on the same voyage, certain other merchandise forming part of said cargo, shipped from Norfolk, Va.
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Appeal from the District Court of the United States for the Eastern District of North Carolina, at Newbern. The appellant, master of the schooner Eva D. Rose, undertook to transport upon said vessel from the port of Baltimore, Md., to the appellees at Stonewall, N. (’., part of a cargo of merchandise, and, on the same voyage, certain other merchandise forming part of said cargo, shipped from Norfolk, Va. While en route from Norfolk, at Maw Point, near the mouth of Bay river, by reason of the alleged negligence and carelessness of the libelant, the vessel ran aground, and It became necessary…
1Opinion of the CourtWaddill, District Judge
(after stating the facts as above). From the foregoing statement of facts, it is clearly seen that the only question before this court is one of costs. The libelants having by agree*103ment, after filing the libel, received the cargo attached, no decree in their favor was necessary. The court decided adversely to their claini for shortage of cargo, directed certain seamen to be paid, and divided the costs. Manifestly the court had the right to do this, if that was its judgment of what was right in the premises, and from what was done the libelants did not appeal. Subsequently, and within a few…
2Cases cited4 opinions
- Du Bois v. KirkSupreme Court of the United States · 1895
- Kell v. TrenchardCourt of Appeals for the Fourth Circuit · 1906
- Wright v. Gorman-Wright Co.Court of Appeals for the Fourth Circuit · 1907
- The VaderlandDistrict Court, S.D. New York · 1883
3Cited by5 opinions
- R. v. Archawski, Libellants-Appellees v. Basil Hanioti Etc.Court of Appeals for the Second Circuit · 1956
- Blassengame v. BoydCourt of Appeals for the Fourth Circuit · 1910
- Ira S. Bushey & Sons, Inc. v. W. E. Hedger Transp. Corp.Court of Appeals for the Second Circuit · 1948
- Ira S. Bushey & Sons, Inc. v. W. E. Hedger Transp. Corp.Court of Appeals for the Second Circuit · 1948
- R. v. Archawski, Libellants-Appellees v. Basil Hanioti Etc.Court of Appeals for the Second Circuit · 1956