Brown v. The D. S. Cage
U.S. Circuit Court for the District of Eastern Texas
Appeal from the district court of the United States for the eastern district of Texas. [In admiralty. Libel by Brown against the steamboat D. S. Cage to recover for injuries sustained by a boiler explosion. The respondents excepted to the libel in the district court on the ground that libellant could not proceed in rem, and the libel was dismissed.
1Opinion of the Court
WOODS, Circuit Judge.
The libel alleges in substance that on February 18, 1872, the libellant shipped on board the steamer D. S. Cage, then lying at the mouth of Trinity river, to serve as a mariner, in the capacity of mate; that the owners of said boat failed to observe their duty and comply with the law by keeping the steamer properly manned, and through their negligence and that of their servants failed to provide her with a first engineer and licensed pilot, whereby she was subject to the danger of explosion, and that through the carelessness, negligence and misconduct of the own ers and…
2Cases cited2 opinions
- Mad River & Lake Erie Railroad v. BarberOhio Supreme Court · 1856
- Young v. New York Central Rail RoadNew York Supreme Court · 1859
3Cited by5 opinions
- Mitchell v. Trawler Racer, Inc.Supreme Court of the United States · 1960
- Hurley v. The Lizzie FrankDistrict Court, S.D. Alabama · 1887
- Thompson v. HermannWisconsin Supreme Court · 1879
- Olson v. Oregon Coal & Navigation Co.District Court, N.D. California · 1899
- Mitchell v. Trawler Racer, Inc.Supreme Court of the United States · 1960