Kennedy v. Steamer Sarmatian
U.S. Circuit Court for the District of Maryland
Í» Admiralty. FACTS FOUND BY THE COURT. 1. A collision occurred between the American schooner Newell B. Hawes, owned by the libellants, and the British •steamer Sarmatian, at about 5 :45 in the morning of November 29, 1878, in the waters of Chesapeake bay, five miles or thereabouts north by west from Cape Henry. The night was-, clear, but a slight haze rested on the water. 2. The schooner was a small craft, chiefly employed in the-oyster trade.
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Í» Admiralty. FACTS FOUND BY THE COURT. 1. A collision occurred between the American schooner Newell B. Hawes, owned by the libellants, and the British •steamer Sarmatian, at about 5 :45 in the morning of November 29, 1878, in the waters of Chesapeake bay, five miles or thereabouts north by west from Cape Henry. The night was-, clear, but a slight haze rested on the water. 2. The schooner was a small craft, chiefly employed in the-oyster trade. She was on a voyage, in ballast,-from Boston, Massachusetts, to Tangier sound, Maryland, for a load of' oysters. Her course was about north, up the…
1Opinion of the Court
Waite, G, J.
I have had no difficulty in reaching the conclusion that the torch-light was not shown from the schooner until it was too late for the steamer to avoid the collision, and that if it had been shown at a proper time no damage would have been done. Although all the witnesses from the schooner concur in saying that some minutes elapsed after the light was displayed before the vessels came together, it is clear to my mind that they were mistaken. Mere estimates, by witnesses in collision cases, as to time and distance can rarely be relied on with confidence. It is always safer in…
2Cases cited1 opinion
- The ScotiaSupreme Court of the United States · 1872
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- New York & Oriental S. S. Co. v. New York, N. H. & H. R.District Court, S.D. New York · 1906
- The Kaiserin Maria TheresaCourt of Appeals for the Second Circuit · 1906
- The W. N. BavierCourt of Appeals for the Second Circuit · 1907