Fulton v. Holmes
Court of Appeals for the Second Circuit
Appeals from the District Court of the United States for the Eastern District of New York. In Admiralty. Cross-libels for collision.
Read the full summary
Appeals from the District Court of the United States for the Eastern District of New York. In Admiralty. Cross-libels for collision. This is an .appeal by both parties from the decree of the District Court for the Eastern District of New York, entered August 17, 1901, dividing the damages and directing that the claimant of the ship the Queen Elizabeth recover of the owners of the schooner Percy Birdsall the sum of $1,451.52. The decision of the District Court is reported in 100 Fed. 874.
1Opinion of the Court
COXE, Circuit Judge.
The facts are stated at length in the opinion of the district judge. It is unnecessary to repeat them here. The principal controversy upon the facts has relation to the direction of the wind at the time of the collision. After a careful review of the testimony the district judge reached the conclusion that it was southwest, that the Birdsall was sailing free and that the Queen'Elizabeth was sailing closehauled, the wind being sufficiently forward of her beam to warrant this adjustment of her sails. He also found that the Birdsall was headed northeast, or northeast by east,…
2Cases cited7 opinions
- The OregonSupreme Court of the United States · 1895
- The Elizabeth JonesSupreme Court of the United States · 1884
- Metropolitan S. S. Co. v. VanderbiltCourt of Appeals for the First Circuit · 1896
- Handy v. AdamsCourt of Appeals for the First Circuit · 1897
- Wierk v. The Mary Adelaide RandallDistrict Court, D. Connecticut · 1893
2 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- National Bulk Carriers, Inc. v. United States of AmericaCourt of Appeals for the Second Circuit · 1950
- Sun Oil Co. v. The GulfstarCourt of Appeals for the Third Circuit · 1943
- Villain & Fassio E Compagnia Internazionale Di Genova Societa Riunite Di Navigazione v. the Tank Steamer E. W. SinclairDistrict Court, S.D. New York · 1962
- Brigham v. LuckenbachDistrict Court, D. Maine · 1905
- Sullivan v. Pittsburgh Steamship Co.Michigan Supreme Court · 1925
10 more not listed; retrieve them via the Exa API.