Legal Opinion

Vantine v. The Lake

U.S. Circuit Court for the District of Eastern Pennsylvania

Decided October 15, 1850PublishedCited by 9 opinions

The- libellants were owners of the Mary Jane, a small oyster boat of twenty-seven tons, which was fastened to a wharf on the Delaware. While she was discharging her cargo, the respondents’ vessel, the Lake, a much larger vessel (one hundred and twenty-five tons), was hauled into the same dock, and the dock being full, was fastened outside her, to the same wharf.

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The- libellants were owners of the Mary Jane, a small oyster boat of twenty-seven tons, which was fastened to a wharf on the Delaware. While she was discharging her cargo, the respondents’ vessel, the Lake, a much larger vessel (one hundred and twenty-five tons), was hauled into the same dock, and the dock being full, was fastened outside her, to the same wharf. The Lake came into -the dock with the high tide, when the water was amply sufficient, but on the ebb, there being not enough water to keep her afloat, she settled in the mud, and careened over. The deficiency of water was so great…

1Opinion of the CourtGrier, Circuit Justice

[after stating the facts as above]. It cannot be pretended that the injury from this collision was caused by any fault of the libellants’ vessel, or that her master or crew were in any way to blame for the result, unless we admit what the answer assumes, that they were bound to know the depth of water necessary to float the Lake, and to give ner notice to keep farther off, because the dock was not deep enough to float her at low tide. But I think this assumption is entirely without foundation. The Mary Jane was fast to the wharf, and her master and crew attending to their own business in…

2Cited by9 opinions

  1. Seabrook v. Raft of Railroad Cross-TiesDistrict Court, D. South Carolina · 1889
  2. Bleakley v. City of New YorkDistrict Court, S.D. New York · 1905
  3. Evans v. The BelgenlandDistrict Court, S.D. New York · 1888
  4. Meyers v. The AmericaDistrict Court, D. Connecticut · 1889
  5. The C. E. PaulDistrict Court, D. New Jersey · 1909

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