Smith v. Burnett
Court of Appeals for the D.C. Circuit
Hearing on an appeal by the respondent from a decree in admiralty on a libel for an alleged injury to a vessel. The Court in its opinion stated the case as follows: This case is in admiralty, in personam, and the libel was filed by the appellees, Charles Burnett and others, against the appellants, Charles G. Smith and Charles G. Smith, Jr., for an alleged injury to their vessel, the schooner “Ellen Tobin,” while moored in berth at the wharf of the appellants on the bank of…
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Hearing on an appeal by the respondent from a decree in admiralty on a libel for an alleged injury to a vessel. The Court in its opinion stated the case as follows: This case is in admiralty, in personam, and the libel was filed by the appellees, Charles Burnett and others, against the appellants, Charles G. Smith and Charles G. Smith, Jr., for an alleged injury to their vessel, the schooner “Ellen Tobin,” while moored in berth at the wharf of the appellants on the bank of the Potomac River, at Georgetown, District of Columbia, for the purpose of being loaded from said wharf, by and for the…
1Opinion of the CourtChief Justice Alvey
The principal question in the court below was, and it is the principal question here, who was responsible for the cause of the injury to the vessel — by whose negligence, if there was negligence, was it that the damage was produced?
By the preliminary decree of August 27, 1895, it was decreed and sentenced that the libellants were the owners of the schooner “Ellen Tobin” at the time of the injury to her complained of in the libel, and that the respondents, Charles G. Smith and Charles G. Smith, Jr., were solely liable for such injury and damage thereby resulting to the libellants in the…
2Cases cited7 opinions
- The BaltimoreSupreme Court of the United States · 1869
- Philadelphia, Wilmington, & Baltimore Railroad v. Philadelphia & Havre De Grace Steam Towboat Co.Supreme Court of the United States · 1860
- Carleton v. Franconia Iron & Steel Co.Massachusetts Supreme Judicial Court · 1868
- Nickerson v. TirrellMassachusetts Supreme Judicial Court · 1879
- Sawyer v. OakmanU.S. Circuit Court for the District of Southern New York · 1870
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