The Conemaugh
Supreme Court of the United States
CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE SIXTH CIRCUIT. The facts of this case are fully set out in previous decisions of this court, The New York, 175 U. S. 187 ; Ex parte Union Steamboat Co., 178 U. S. 317. The steamer Conemaugh, owned by respondents, and the propeller New York, owned by the petitioner, collided in the Detroit Diver, November 11, 1891. The Conemaugh for herself, and as bailee of her cargo, filed a libel against the New York for the sum .of…
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CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE SIXTH CIRCUIT. The facts of this case are fully set out in previous decisions of this court, The New York, 175 U. S. 187 ; Ex parte Union Steamboat Co., 178 U. S. 317. The steamer Conemaugh, owned by respondents, and the propeller New York, owned by the petitioner, collided in the Detroit Diver, November 11, 1891. The Conemaugh for herself, and as bailee of her cargo, filed a libel against the New York for the sum .of $70,000 damages in the District Court for the Eastern District of Michigan. Subsequently certain underwriters of the cargo of…
1Opinion of the CourtJustice McKenna
1. One main and several subsidiary propositions are asserted by petitioner. The main proposition is that in all cases of collision, if both vessels are in faulty the damages resulting are to be equally divided between the owners of the vessels.
The subsidiary propositions are that if one of the offending vessels pay more than half the damages to a third or innocent party she may recoup or set off such excess against any claim for damages which the other vessel may have without bringing in the other vessel as a co-defendant under admiralty rule 59, or filing other pleadings than an answer, to…
2Cases cited1 opinion
- The New YorkSupreme Court of the United States · 1899
3Cited by8 opinions
- Erie Railroad v. Erie & Western Transportation Co.Supreme Court of the United States · 1907
- Clarke v. Hot Springs Electric Light & Power Co.Court of Appeals for the Tenth Circuit · 1935
- Cambria S. S. Co. v. Pittsburgh S. S. Co.Court of Appeals for the Sixth Circuit · 1914
- Erie & W. Transp. Co. v. Erie R. Co.Court of Appeals for the Seventh Circuit · 1905
- The MaineDistrict Court, S.D. New York · 1908
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