Smith v. The Wm. J. Lipsett
District Court, E.D. Pennsylvania
This was a libel in admiralty by the owners of the schooner John R. Penrose against the schooner William J. Lipsett to recover damages resulting from a collision of the two vessels in Delaware Bay. The Lipsett was heretofore held to be solely in fault (81 Fed. 623), and the cause is now heard on the commissioner’s report on the question of damages.
1Opinion of the Court
BUTLER, District Judge.
With much reluctance, and only because he believed the authorities required it, the commissioner allowed the entire cost of the new bowsprit. I agree with him that the allowance *697is inequitable; and do not feel constrained b,y tire authorities to acquiesce in it. The rule is well settled in collision cases that respondents must pay the cost of repairs rendered necessary by their carelessness, notwithstanding the value of the vessel may be increased thereby. The rule sometimes works apparent injustice, and is not enforced against insurers. Where, however, the injuries may…
2Cases cited4 opinions
- Sturgis v. CloughSupreme Court of the United States · 1864
- The SyracuseDistrict Court, S.D. New York · 1883
- The RebaDistrict Court, S.D. New York · 1884
- Starling v. St. Paul Plow-WorksU.S. Circuit Court for the District of Minnesota · 1887
3Cited by1 opinion
- Carr v. Hermosa Amusement Corporation, LimitedCourt of Appeals for the Ninth Circuit · 1943