The L. P. Dayton
Supreme Court of the United States
APPEAL FROM THE CIRCUIT COURT OF THE UNITED. STATES FOR THE SOUTHERN DISTRICT OF NEW YORK. The appellant, Thomas McNally, filed his libel in a cause of' collision, civil and maritime, against the 'steam-tug L. P.' Dayton, the steam-tug James Bowen, and the float or scow called Number Pour, in the District Coñrt of the United States for the Southern District of New York. The second-article of the libel set out the cause of action as follows: “ 2d.
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APPEAL FROM THE CIRCUIT COURT OF THE UNITED. STATES FOR THE SOUTHERN DISTRICT OF NEW YORK. The appellant, Thomas McNally, filed his libel in a cause of' collision, civil and maritime, against the 'steam-tug L. P.' Dayton, the steam-tug James Bowen, and the float or scow called Number Pour, in the District Coñrt of the United States for the Southern District of New York. The second-article of the libel set out the cause of action as follows: “ 2d. Heretofore, to wit, on the fourteenth day of February,. 1879, -the boat or barge Centennial, of the burden of about 300 tons, of which boat your…
1Opinion of the CourtJustice Matthews
The ground on’which.()the Circuit Court proceeded is, that as . the libel alleges negligence-'anJ fault in various particulars as against the tug L. P. Dayton - and the tug James Bowen, which are denied in the several answers of the respective claimants, in opposition to which the libellant has proven no negligence or fault on the part of either, the libel must be dismissed, as the burden of proof lies upon the libellant to establish a case of negligence against one or the other, or' both of the respondents, and that this burden of proof is not changed or shifted by reason of any allegations…
2Cases cited3 opinions
- Sturgis v. BoyerSupreme Court of the United States · 1860
- The" Civilta" and The" Restless"Supreme Court of the United States · 1881
- The J. H. GautierDistrict Court, S.D. New York · 1872
3Cited by28 opinions
- Stevens v. the White CitySupreme Court of the United States · 1932
- The John G. StevensSupreme Court of the United States · 1898
- The Robert W. ParsonsSupreme Court of the United States · 1903
- The J. P. DonaldsonSupreme Court of the United States · 1897
- The SarniaCourt of Appeals for the Second Circuit · 1919
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