Legal Opinion

The Propeller Commerce

Supreme Court of the United States

Decided February 10, 1862PublishedCited by 61 opinions

Appeal from the Circuit Court of the United States for the southern district of New York. This was a libel filed in the District Court by Henry Eitzhugh, De Witt 0. Little, John Peck, and James Peck, against the steam propeller Commerce, (claimed by the Commercial Transportation Company as owners,) averring a collision on the Hudson river with the libellants’ lake boat, the Isabella, by which tbe latter vessel was sunk,.causing an injury to boat and cargo of $17,000„ The…

Read the full summary

Appeal from the Circuit Court of the United States for the southern district of New York. This was a libel filed in the District Court by Henry Eitzhugh, De Witt 0. Little, John Peck, and James Peck, against the steam propeller Commerce, (claimed by the Commercial Transportation Company as owners,) averring a collision on the Hudson river with the libellants’ lake boat, the Isabella, by which tbe latter vessel was sunk,.causing an injury to boat and cargo of $17,000„ The cargo, it seems, did not belong to the libellants, but was in their custody as common carriers. ' The allegations of the…

1Opinion of the CourtJustice Clifford

This was a libel in admiralty in a cause of collision, civil and maritime, and the case comes before the court on appeal from the decree of the Circuit Court of the United States for the southern district of New York.

Recurring to the transcript, it will be seen that the libel was in rem, against the steam propeller “Commerce,” and that the suit was instituted by the appellees, as the owners of the lake boat Isabella; but the record shows, that after the process was issued, and the vessel was taken into custody, the appellants, on motion, had leave to appear, and having waived publication of…

2Cases cited4 opinions

  1. The Propeller Genesee Chief v. FitzhughSupreme Court of the United States · 1852
  2. Philadelphia, Wilmington, & Baltimore Railroad v. Philadelphia & Havre De Grace Steam Towboat Co.Supreme Court of the United States · 1860
  3. Manro v. AlmeidaSupreme Court of the United States · 1825
  4. Nelson v. LelandSupreme Court of the United States · 1860

3Cited by61 opinions

  1. Crowell v. BensonSupreme Court of the United States · 1932
  2. Kermarec v. Compagnie Generale TransatlantiqueSupreme Court of the United States · 1959
  3. Victory Carriers, Inc. v. LawSupreme Court of the United States · 1971
  4. Grant Smith-Porter Ship Co. v. RohdeSupreme Court of the United States · 1922
  5. Victory Carriers, Inc. v. LawSupreme Court of the United States · 1972

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API