Legal Opinion

The Dexter

Supreme Court of the United States

Decided January 11, 1875No. 114PublishedCited by 27 opinions

Appeal from the Circuit Court for the District of Maryland, affirming a decree of the District Court dismissing a libel filed by the owners of the schooner Julia against another schooner, the Dexter, in a cause of collision in Chesapeake Bay, by which the Julia was totally lost; the only difficulty in the controversy being — that usual one in causes of collision at sea — to ascertain what were the facts of the case; in other words, to settle the case; a matter rendered…

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Appeal from the Circuit Court for the District of Maryland, affirming a decree of the District Court dismissing a libel filed by the owners of the schooner Julia against another schooner, the Dexter, in a cause of collision in Chesapeake Bay, by which the Julia was totally lost; the only difficulty in the controversy being — that usual one in causes of collision at sea — to ascertain what were the facts of the case; in other words, to settle the case; a matter rendered difficult in this cause, as in so many others of collision, by the circumstance that witnesses of one side swore in direct…

1Opinion of the CourtJustice Clifford

Objection is made by the libellant that the lookout of the Dexter was insufficient, but it is unnecessary to decide the question, as it was a clear night, and as each vessel was seen by the other long before there was any necessity for precaution and in ample time before the collision to have done whatever the circumstances required to have prevented the disaster. Sufficient lookouts are required by the rules of navigation, but where it appears that the officer in charge of the deck saw the approaching vessel while she was yet so distant that no precautions to avoid a collision had become…

2Cited by27 opinions

  1. Belden v. ChaseSupreme Court of the United States · 1893
  2. The SmithSupreme Court of the United States · 1887
  3. The George W. RobyCourt of Appeals for the Sixth Circuit · 1901
  4. The GeorgetownDistrict Court, E.D. Virginia · 1905
  5. Martug Towing Co. v. Eastern Transp. Co.Court of Appeals for the Third Circuit · 1945

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