Legal Opinion

The Adriatic

U.S. Circuit Court for the District of Southern New York

Decided October 15, 1879Published

This was a libel in rem, in admiralty, filed in the district court, to recover damages for a collision. That court dismissed the libel, [The Adriatic, Case No. 89] and the claimant appealed to this court. [Libel dismissed. Decree of circuit court subsequently affirmed by supreme court in Marshall v. The Adriatic, 2 Sup. Ot.

Read the full summary

This was a libel in rem, in admiralty, filed in the district court, to recover damages for a collision. That court dismissed the libel, [The Adriatic, Case No. 89] and the claimant appealed to this court. [Libel dismissed. Decree of circuit court subsequently affirmed by supreme court in Marshall v. The Adriatic, 2 Sup. Ot. Rep. 355, 107 U. S. 512.] This court found the following facts: “During the forenoon of December 30th. 1875, the ship Harvest Queen, on a voyage from San Francisco, touched at Queenstown, Ireland, for orders. She was 187 feet long, 42.6 broad, 28.6 deep, and of 1,626 tons…

1Opinion of the Court

WAITE, Circuit Justice.4

Many of the facts disputed below have not been questioned here. The claimant does not deny that the vessels actually collided, or that the Harvest Queen sank with all on board, in consequence of injuries received in the collision. The libellants also concede, that, if the Adriatic was not in fact going astern when the collision took place, she was making little or no headway. These questions are, therefore, out of the way, and the controversy about the facts is reduced to the color of the light first seen by the Adriatic; its distance; the time it appeared; the changes…

2Cases cited4 opinions

  1. Williamson v. BarrettSupreme Court of the United States · 1852
  2. The PotomacSupreme Court of the United States · 1870
  3. The" Adriatic"Supreme Court of the United States · 1883
  4. The "Adriatic."Supreme Court of the United States · 1881

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API