Brent v. Thornton
Court of Appeals for the Fifth Circuit
In Error to the Circuit Court of the United States for the Northern District of Florida. H. IT. Thornton and Ben De Roeheblave, the defendants in error, brought their action against D. G. Brent, the plaintiff in error, to recover of him damages for the, alleged wrongful seizute and detention of the steam tug Monarch, of which tiiey wore the owners. It is unnecessary to recite the counis of the declaration.
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In Error to the Circuit Court of the United States for the Northern District of Florida. H. IT. Thornton and Ben De Roeheblave, the defendants in error, brought their action against D. G. Brent, the plaintiff in error, to recover of him damages for the, alleged wrongful seizute and detention of the steam tug Monarch, of which tiiey wore the owners. It is unnecessary to recite the counis of the declaration. The plaintiff in error, who- was the defendant in the court helow. was, on April 5, 1897, collector of customs of the port of Pensacola. On that date the tug Monarch arrived, in that port,…
1Opinion of the CourtMcCOBMICK, Circuit Judge
' The fourth, fifth, and sixth errors assigned are well taken. • The testimony of the defendant in error H. H. Thornton, which the plaintiff in error moved to have stricken out on the trial in the court below, was as follows:
“While the Monarch was tied up at the wharf by orders of the defendant below, she had an opportunity to engage, with three other tugs, in pulling off the Russian ship Pandion, which went aground on Pensacola bar. Four tug boats, including the Monarch, of the harbor of Pensacola, had an agreement to work jointly on every ship that went aground, and divide the profits. One…
2Cases cited2 opinions
- Green v. Van BuskirkSupreme Court of the United States · 1869
- Williamson v. BarrettSupreme Court of the United States · 1852
3Cited by3 opinions
- De Palma v. WeinmanNew Mexico Supreme Court · 1909
- Arnold v. HorriganCourt of Appeals for the Sixth Circuit · 1916
- Harrison v. HughesDistrict Court, D. Delaware · 1903