Legal Opinion

The Persian

Court of Appeals for the Second Circuit

Decided May 12, 1915No. 144PublishedCited by 12 opinions

Appeal from the District Court of the United States for the Southern District of New York. On appeal by the Great Northern Paper Company, owner of a cargo of paper which was being carried by the steamer Millinocket from Stockton Springs, Me., to New York via Boston, from a decree dismissing its libel against the steamer Persian. At about midnight on.

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Appeal from the District Court of the United States for the Southern District of New York. On appeal by the Great Northern Paper Company, owner of a cargo of paper which was being carried by the steamer Millinocket from Stockton Springs, Me., to New York via Boston, from a decree dismissing its libel against the steamer Persian. At about midnight on. July 24, 1913, the Millinocket collided with the Persian, a large, iron passenger steamer which was on her regular voyage from Philadelphia to Boston. The place of the collision is about two miles N N E of Pollock Shoals Lightship. The stem of…

1Opinion of the Court

COXE, Circuit Judge.(after stating the facts as above).

[1, 2] The negligence of the Millinocket, if not actually admitted, is proved by such an overwhelming weight of testimony that it need not be considered on this appeal. The only question here is, Did any fault on the part of the Persian contribute to the collision? The faults of the Millinocket were so glaring, so numerous and so fully do they account for the disaster that the court should not be particularly astute in the endeavor to discover some contributing fault on the part of the Persian committed at a time when inerrable judgment…

2Cases cited5 opinions

  1. The City of New YorkSupreme Court of the United States · 1893
  2. The Victory & the PlymothianSupreme Court of the United States · 1897
  3. The UmbriaSupreme Court of the United States · 1897
  4. The Ludvig HolbergSupreme Court of the United States · 1895
  5. The MexicoCourt of Appeals for the Second Circuit · 1898

3Cited by12 opinions

  1. The MasonCourt of Appeals for the Second Circuit · 1918
  2. The Fort St. GeorgeCourt of Appeals for the Second Circuit · 1928
  3. The Fred B. Dalzell, Jr.Court of Appeals for the Second Circuit · 1924
  4. The SuffolkCourt of Appeals for the Second Circuit · 1919
  5. North & South Shipping Co. v. Cherokee-Seminole S. S. Corp.Court of Appeals for the Second Circuit · 1930

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