Legal Opinion

The Great Republic

Supreme Court of the United States

Decided December 18, 1874No. 78PublishedCited by 57 opinions

Appeal from a decree of the Circuit Court for the District of Louisiana, which court, on appeal from the District Court sitting in admiralty, had dismissed a libel filed by the steamer Cleona against the steamer Great Republic, for a collision.

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Appeal from a decree of the Circuit Court for the District of Louisiana, which court, on appeal from the District Court sitting in admiralty, had dismissed a libel filed by the steamer Cleona against the steamer Great Republic, for a collision. The case was thus: At about five o’clock on the afternoon of the 28th of August, 1869, the Cleona, a small stern-wheel steamer of one hundred and eighteen tons, and whose speed was about seven miles an hour, left New Orleans bound up the Mississippi to Donaldsonville (a place seventy-five miles above New Orleans), with an assorted cargo of merchandise…

1Opinion of the CourtJustice Davis

There is some excuse, even for a party in fault, when two boats collide in tempestuous or foggy weather, or on a dark night, but there are no exculpatory circumstances attending this disaster. It happened before dark, in the middle of the Mississippi, and when the light was good enough to distin guish small objects on both banks of the river. The weather was clear and calm, and the river unobstructed, affording ample room for passage on either side of the point where the vessels collided.

It is very plain that the collision ought to have been avoided, and the inquiry is, who is to blame for…

2Cases cited1 opinion

  1. Clapp v. YoungDistrict Court, D. Massachusetts · 1843

3Cited by57 opinions

  1. Compania De Maderas De Caibarien, S. A. v. The Queenston Heights, Etc., Esso Shipping CompanyCourt of Appeals for the Fifth Circuit · 1955
  2. Movible Offshore, Inc. v. The M/v Wilken A. Falgout, Her Engines, Tackle, Etc., Gulf and South American Steamship Co., Inc.Court of Appeals for the Fifth Circuit · 1973
  3. Metropolitan S. S. Co. v. VanderbiltCourt of Appeals for the First Circuit · 1896
  4. Robinson v. Detroit & C. Steam Nav. Co.Court of Appeals for the Sixth Circuit · 1896
  5. The People Of The State Of California v. The Italian Motorship IliceCourt of Appeals for the Ninth Circuit · 1976

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