Dyer and Others v. National Steam Nav. Co
Supreme Court of the United States
APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE EASTERN DISTRICT OF NEW YORK. The following is the case as stated by the court: This case presents nearly the same questions which have just been considered in the case of The City of Norwich.
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APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE EASTERN DISTRICT OF NEW YORK. The following is the case as stated by the court: This case presents nearly the same questions which have just been considered in the case of The City of Norwich. It was before this court in October Term, 1881, and was decided in March, 1882. See The Scotland, 105 U. S. 24. From the report of the case, but not from the record now before us, we learn that the ship Kate Dyer and the steamship Scotland (the latter belonging to the appellee) came into collision in December, 1866, opposite Eire Island Light,…
1Opinion of the CourtJustice Bradley
These points are all disposed of in the previous case of The City of Norwich, except the question of interest. Were the' libellants entitled to interest on the amount received from the strippings % In answering this question it must be borne in mind that this is not a question of debt, but of damages. The limitation of those damages to the value of the ship does not make them cease to be damages. The allowance of interest on damages is not an absolute right. Whether it ought or ought not to be allowed depends upon the circumstances of each case, and rests very much in the discretion of the…
2Cases cited1 opinion
- Trustees v. GreenoughSupreme Court of the United States · 1882
3Cited by10 opinions
- The ScotlandSupreme Court of the United States · 1886
- O'DOnnell Transp. Co., Inc. v. City of New York. The Kosciusko. The Don. The Anna F. O'DOnnellCourt of Appeals for the Second Circuit · 1954
- In Re MorrisonSupreme Court of the United States · 1893
- The Dow Chemical Company, Plaintiff-Appellant-Cross v. Dixie Carriers, Inc., Defendant-Appellee-CrossCourt of Appeals for the Fifth Circuit · 1972
- Railroad v. WallaceTennessee Supreme Court · 1891
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