The Barnstable
Supreme Court of the United States
OEETIOBAEI TO THE CIRCUIT COURT OE APPEALS FOR THE FIRST CIRCUIT. This case originated in a libel by the owners of the schooner Fortuna against the British steamship Barnstable, for a collision which took place off Cape Cod on January 13,1896, and resulted in a total loss of the schooner, and the personal effects of her master and crew. Nine of the crew were drowned.
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OEETIOBAEI TO THE CIRCUIT COURT OE APPEALS FOR THE FIRST CIRCUIT. This case originated in a libel by the owners of the schooner Fortuna against the British steamship Barnstable, for a collision which took place off Cape Cod on January 13,1896, and resulted in a total loss of the schooner, and the personal effects of her master and crew. Nine of the crew were drowned. A claim ivas interposed by the master of the Barnstable on behalf of the Turret Steamshipping Company, a British corporation, and the owner of the steamship; and an order was subsequently entered substituting that corporation as…
1Opinion of the Court
Mr. Justice Browkt,
after stating .the case, delivered the opinion of the court.
The question involved in this case is, whether the owners of a vessel, who have let it out upon charter party and agreed to pay “for the insurance on the vessel,” are liable, as between themselves and the charterers, for damage done to ■ another vessel by a .collision resulting from the negligence of the officers and crew, who- are appointed and paid by the charterers.
1. It was within the power of the court, under general Ad miralty Rule 59, to entertain the petition of the Turret Steam-shipping Company, owner and…
2Cases cited17 opinions
- Liverpool & Great Western Steam Co. v. Phenix InsuranceSupreme Court of the United States · 1889
- The PalmyraSupreme Court of the United States · 1827
- Seitz v. Brewers' Refrigerating MacHine Co.Supreme Court of the United States · 1891
- Sturm v. BokerSupreme Court of the United States · 1893
- The ChinaSupreme Court of the United States · 1869
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- Dampskibsselskabet Dannebrog v. Signal Oil & Gas Co. of Cal.Supreme Court of the United States · 1940
- Homer Ramsdell Transportation Co. v. La Compagnie Générale TransatlantiqueSupreme Court of the United States · 1901
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