Legal Opinion

Peter Nesbitt Thomson, and Cross-Appellee v. United States of America, and Cross-Appellant

Court of Appeals for the Fourth Circuit

Decided May 21, 1959No. 7844_1PublishedCited by 8 opinions

1Opinion of the Court

HAYNSWORTH, Circuit Judge.

The San Marcos, constructed and commissioned as an instrument of destruction, continues, long after her death, to exact her toll. But mariners must exercise care to avoid her, and the District Court’s finding of fault on the part of the Moby Dick was supported by the evidence and his application of the rule of divided damages was appropriate.

The USS Texas, an armored vessel of 6300 tons, was one of the first United States battleships. She was at Santiago Bay in 1898, but was stricken from the Navy list in 1911. As the target ship, San Marcos, she was deliberately…

2Cases cited6 opinions

  1. The ConquerorSupreme Court of the United States · 1897
  2. Somerset Seafood Co. v. United StatesCourt of Appeals for the Fourth Circuit · 1951
  3. United States v. New England S. S. Co.District Court, S.D. New York · 1923
  4. Fisk v. City of New YorkDistrict Court, S.D. New York · 1902
  5. The A. A. RavenCourt of Appeals for the Third Circuit · 1916

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3Cited by8 opinions

  1. Henderson v. Arundel CorporationDistrict Court, D. Maryland · 1966
  2. Magno v. CorrosDistrict Court, D. South Carolina · 1977
  3. Standard Marine Towing Services, Inc. v. M.T. Dua MarDistrict Court, S.D. New York · 1989
  4. Faust v. South Carolina State Highway DepartmentDistrict Court, D. South Carolina · 1981
  5. Thomas G. Snavely v. Archie K. LangCourt of Appeals for the Sixth Circuit · 1979

3 more not listed; retrieve them via the Exa API.

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