The Sam Weller
District Court, E.D. New York
This was a libel by the owners of the schooner Sophy Ann to recover for the loss of the schooner, which was sunk in the Sound, off Black Rock, in a collision with the schooner Sam Weller. The night was dark. There was controversy as to the wind, and as to the courses of the respective vessels, and as to whether the Sophy Ann had her lights properly burning.
1Opinion of the Court
BENEDICT, District Judge.
This cause is by no means free from doubt. The evidence is very conflicting. I have in vain sought for some ground on which it could be reconciled, and I find difficulty in adopting any of the theories put forward by the advocates.
I now rest my decision upon a single point, upon which the impression formed at the hearing is rather confirmed than diminished by an examination of the evidence. This point is the absence of lights on the Sophy Ann. The men on the Sam Weller, who were watchful and saw lights of other vessels, declare very positively that the Sophy Ann was…
2Cited by4 opinions
- Albertsen v. The MonmouthshireDistrict Court, S.D. New York · 1890
- McDonald v. The DrewDistrict Court, S.D. New York · 1888
- Pierre CorneilleDistrict Court, N.D. California · 1904
- The AmboyDistrict Court, S.D. New York · 1884