The Osceola
Supreme Court of the United States
CERTIFICATE FROM THE CIRCUIT COURT OF APPEALS FOR THE SEVENTH CIRCUIT. This was a libel in rem filed in the District Court for the Eastern District of Wisconsin, in admiralty, against the propeller Osceola, to recover damages for a personal injury sustained by one Patrick Shea, a seaman on board the vessel, through the negligence of the master.
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CERTIFICATE FROM THE CIRCUIT COURT OF APPEALS FOR THE SEVENTH CIRCUIT. This was a libel in rem filed in the District Court for the Eastern District of Wisconsin, in admiralty, against the propeller Osceola, to recover damages for a personal injury sustained by one Patrick Shea, a seaman on board the vessel, through the negligence of the master. The case resulted in a decree for the libellant, from which an appeal was taken by the owners to the Circuit Court of Appeals, which certified to this court certain questions arising upon the following statement of facts : “ The owners had supplied the…
1Opinion of the CourtJustice Brown
In the view we take of this case we find it necessary to express an opinion only upon the first and third questions,, which are in substance whether the vessel was liable in rem to one of the crew by reason of the improvident and negligent order of the master in directing the hoisting of the gangway for the discharge of cargo, before the arrival of the vessel at her dock, and during a heavy wind. As this is a libel in rem it is unnecessary to determine whether the owners would be liable to an action in personam; either in admiralty or at common law, although cases upon this subject are not…
2Cases cited6 opinions
- The LottawannaSupreme Court of the United States · 1875
- Harden v. GordonU.S. Circuit Court for the District of Maine · 1823
- Scarff v. . MetcalfNew York Court of Appeals · 1887
- Brown v. OvertonDistrict Court, D. Massachusetts · 1859
- The Ben FlintDistrict Court, D. Wisconsin · 1867
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3Cited by882 opinions
- Crowell v. BensonSupreme Court of the United States · 1932
- Seas Shipping Co. v. SierackiSupreme Court of the United States · 1946
- Moragne v. States Marine Lines, Inc.Supreme Court of the United States · 1970
- Pope & Talbot, Inc. v. HawnSupreme Court of the United States · 1953
- Gillespie v. United States Steel Corp.Supreme Court of the United States · 1964
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