Thommasen v. Whitwill
U.S. Circuit Court for the District of Eastern New York
In this ease I find the following facts: The bark Daphne, of Arondal, STorway, where she was built, left Baltimore, Maryland, in good condition, on the eighteenth of March, 1876, with a cargo ■of crude petroleum in barrels, bound to Marseilles, Franco, and passed out to sea on the twentieth of March.
Read the full summary
In this ease I find the following facts: The bark Daphne, of Arondal, STorway, where she was built, left Baltimore, Maryland, in good condition, on the eighteenth of March, 1876, with a cargo ■of crude petroleum in barrels, bound to Marseilles, Franco, and passed out to sea on the twentieth of March. On the twenty-iiftli of March, from 20 to 30 minutes after midnight, the Daphne was run into by th() British steam-sliip Great Western, bound from Gibraltar to hTew York with a cargo of merchandise. The place of collision was on the high seas, 175 to 180 miles from Sandy Hook; about 150 miles…
1Opinion of the Court
Blatchford, Justice.
That the steam-ship was wholly in fault in the collision, and responsible for the damages caused to the bark, and that the bark was free from fault, and that the liability of the respondent, unless limited, follows that of the vessel, are propositions entirely clear and not contested.
The respondent contends that he is entitled to the benefit of the limitation of liability provided for by the statutes of the United States. The provisions on the subject in force at the time of this collision are found in sections 4282 to 4285 of the Revised Statutes, which are as follows:
“…
2Cases cited5 opinions
- Murdock v. City of MemphisSupreme Court of the United States · 1875
- Norwich Co. v. WrightSupreme Court of the United States · 1872
- Smythe v. FiskeSupreme Court of the United States · 1874
- Steamship Co. v. MountSupreme Court of the United States · 1881
- The L. W. EatonDistrict Court, S.D. New York · 1878
3Cited by3 opinions
- Thomassen v. WhitwellDistrict Court, E.D. New York · 1878
- Thomassen v. WhitwellDistrict Court, E.D. New York · 1877
- Thomassen v. WhitwellDistrict Court, E.D. New York · 1878