The Rescue
District Court, D. Massachusetts
This was a libel in rem for damage by collision with libellants’ bark. There were two-separate eases of collision, at two different times, with the same bark, charged: but the one about which there was most controversy, occurred while the libellants’ vessel was lying at the end of their wharf at Charlestown.
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This was a libel in rem for damage by collision with libellants’ bark. There were two-separate eases of collision, at two different times, with the same bark, charged: but the one about which there was most controversy, occurred while the libellants’ vessel was lying at the end of their wharf at Charlestown. It appeared that the steamboat was fastened alongside the ship Mercury, for the purpose-of taking her to sea, and, while endeavoring to wind her in the stream, backed her down on to the libellants’ bark, and did the damage complained of. The defence was, that the steamboat was under the…
1Opinion of the Court
SPRAGUE, District Judge,
held that the steamboat was the active power, and the ship the mere passive body, by which the damage was done, and that the proceeding, being in rem, was rightly brought against the steamer, whether she had a pilot on board or not. Decree for the libellants.