Creen v. Croce
Supreme Court of Louisiana
il. PPEAL from the Fourth District Court of New Orleans, Allen, J. The captain of the Vanderbilt was wrong in attempting to execute a manoeuvre which was improper and dangerous. The Thames, 5 Hob. Ad. 345. ' The Shannon, 2 Haggard, 173. It is for the owners of the steamer to prove that the collision could have been avoided.
Read the full summary
il. PPEAL from the Fourth District Court of New Orleans, Allen, J. The captain of the Vanderbilt was wrong in attempting to execute a manoeuvre which was improper and dangerous. The Thames, 5 Hob. Ad. 345. ' The Shannon, 2 Haggard, 173. It is for the owners of the steamer to prove that the collision could have been avoided. Beloso v. U. Á Mail Go., 9 An. 268.,. Martino v. Boggs, 1 An. 75. Sparks v. Salladin, 6 Ann. 764. This is an aggravated case, and there should have been no appeal. Damages may be justly given, as prayed for. - The master of the Digby sues the owners of the Orozimbo, and…
1Opinion of the CourtIdsdey, J.
These two cases were tried together in the lower court, almost on the same evidence adduced in each.
The facts are correctly stated by-the Judge of the Fourth District Court of New Orleans, and are as follows :
On the 6th of- January, 1859, whilst'the ship Digby was attempting to cross the bar, at the South West Pass, under sail, she grounded on the bar, and whilst so aground, the towboat O. Yanderbilt, having in tow astern the ship Orozimbo, attempted to pass the Digby, which was lying' across the channel, and in so doing the Orozimbo was brought into collision with the Digby, whereby both the…
2Cases cited2 opinions
- Saune v. TourneSupreme Court of Louisiana · 1836
- Brunetti v. MayorSupreme Court of Louisiana · 1836