Marts v. The Oceanic
Court of Appeals for the Fifth Circuit
Appeal from tbe District Court of tbe United States for tbe Southern District of Florida. Tbis was a libel in rem by S. B. Marts and others, owners of tbe schooner Anna T. Ebener, against tbe steam tug Oceanic, I. H. Hatheway and others, claimants, to recover damages for the loss ,of the schooner, freight, and cargo, which resulted from stranding while in tow of the tug.
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Appeal from tbe District Court of tbe United States for tbe Southern District of Florida. Tbis was a libel in rem by S. B. Marts and others, owners of tbe schooner Anna T. Ebener, against tbe steam tug Oceanic, I. H. Hatheway and others, claimants, to recover damages for the loss ,of the schooner, freight, and cargo, which resulted from stranding while in tow of the tug. The district court found that both the schooner and the tug were chargeable with fault, and entered a decree equally dividing the damages between them. From this decree both parties havé appealed.
1Opinion of the Court
BOABMAN, District Judge.
S. B. Marts, of Baltimore, for himself and others named in the libel, brought this suit in the district court for the Southern district of Florida against the steam tug Oceanic, and sets out in the libel, as follows:
*643“First. That on or about the 17th day of March, 1894, the said schooner Anna T. Ebener, owned as aforesaid, left the port of New York, loaded with a cargo of stone, for Mayport, Florida; that said schooner was 474 tons register, staunch, strong, and seaworthy, well manned and equipped, and commanded by John I.. JSpeelman, a competent and experienced master,…
2Cases cited2 opinions
- The MosherU.S. Circuit Court for the Northern District of Illnois · 1868
- Molenbrock v. St. Louis & Clarksville Packet Co.District Court, E.D. Missouri · 1883
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- Baltimore & O. R. v. BaldwinCourt of Appeals for the Sixth Circuit · 1906
- Waters v. DavisCourt of Appeals for the Sixth Circuit · 1906