Amoskeag Manuf'g Co. v. The John Adams
U.S. Circuit Court for the District of Massachusetts
[Ill admiralty. Libel in rem by the Amos-keag Manufacturing’ Company, owners of the ship Aldanah, against the ferry boat John Adams, for damages caused by collision.
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[Ill admiralty. Libel in rem by the Amos-keag Manufacturing’ Company, owners of the ship Aldanah, against the ferry boat John Adams, for damages caused by collision. Decree for libellants.] [ ’ The libel was filed in the district court on the 12th of February, 1S59, but on the 17th of April, I860, it was transferred to this court, pursuant to the act of the 3d of March, 1821, because the district judge was so concerned in interest as to render it improper for him, in his opinion, to sit in the trial of the cause. The facts were these: On the 19th of January, 1859, the ship Aldanah arrived at…
1Opinion of the Court
CLIFFORD, Circuit Justice.
Inevitable
accident is the main ground of defence assumed by the respondents. They do not controvert the fact that the collision occurred at the time and place and substantially in the manner as alleged in the libel. It took place between eight and nine o’clock in the morning of the 20th of January, 1859, while the ship was lying at the wharf. She had arrived the day previous from New Orleans, and the evidence is full to the point that sbe was properly moored, under the direction of the wharfinger, at a wharf where vessels of that description and all classes of…
2Cases cited2 opinions
- Inman v. FunkCourt of Appeals of Kentucky · 1847
- Knowlton v. SanfordSupreme Judicial Court of Maine · 1850