The Steamer Webb
Supreme Court of the United States
Appeal from the Circuit Court for the District of Southern New York; the case; as assumed by the court on a considerable body of evidence, which it examined and recapitulated, having been essentially thus : In March, 1859, the steamer "Webb, a steamer of good character, belonging to the port of New York and engaged in towing ships at sea, was in Bóston, having just then, under charge of a coast pilot named Sherwood, towed a ship to that port.
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Appeal from the Circuit Court for the District of Southern New York; the case; as assumed by the court on a considerable body of evidence, which it examined and recapitulated, having been essentially thus : In March, 1859, the steamer "Webb, a steamer of good character, belonging to the port of New York and engaged in towing ships at sea, was in Bóston, having just then, under charge of a coast pilot named Sherwood, towed a ship to that port. This pilot Sherwood had had twelve years’ experience as a coast pilot and was recommended by insurance companies. The owners of the Wébb had engaged Him…
1Opinion of the CourtJustice Strong
The libel filed in this case against the steamer is to recover the damages sustained by the ship in consequence of the alleged careless and unskilful towage, and the first question is whether the towage was either unskilful or negligent.
It must be conceded that an engagement to tow does not impose either .an obligation to insure, or the'liability of common carriers. The burden is always upon him who alleges the breach of Such a contract to show either- that there has been no attempt at- performance, or that there has been negligence, or unskilful ness to his injury in the performance. Unlike…
2Cited by99 opinions
- The OregonSupreme Court of the United States · 1895
- Stevens v. the White CitySupreme Court of the United States · 1932
- United States v. AmesSupreme Court of the United States · 1879
- Sylvia Moore, Sylvia Moore v. Angela Mv, Angela Maritime Shipping Ltd., Claimant-AppellantCourt of Appeals for the Fifth Circuit · 2003
- The W. G. MasonCourt of Appeals for the Second Circuit · 1905
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