The Fearless
Court of Appeals for the Ninth Circuit
Appeal from the District Court of the United States for the Territory of Hawaii. Suit in admiralty by Pope & Talbott, a corporation, and others, owners of the schooner Mary E- Foster, against the tug Fearless; J. D. Spreckels &kBros. Company, claimant. Decree for libelants, and claimant appeals.
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Appeal from the District Court of the United States for the Territory of Hawaii. Suit in admiralty by Pope & Talbott, a corporation, and others, owners of the schooner Mary E- Foster, against the tug Fearless; J. D. Spreckels &kBros. Company, claimant. Decree for libelants, and claimant appeals. The appellees were libelants in the court below, bringing the original libel against the tug Fearless and the dredge Pacific to recover damages alleged to have been sustained by the schooner Mary E. Foster while in tow of the tug in Honolulu harbor. The dredge was at the time working near what is…
1Opinion of the CourtRoss, Circuit Judge
(after stating the facts as above). We quite agree with the proctors for the appellant that “in applying rules of law to a given case the controlling facts of that case must not be ignored,” and therefore we cannot agree in their contention that the cases of The Swan (D. C.) 19 Eed. 455, Potter v. Pettis, 2 R. l. 487, and McCord v. Tiber, 6 Biss. 410, Fed. Cas. No. 8,715, establish the law to be, in such a case as the present, that an obstruction to navigation is necessarily “in itself a plain and undeniable fault”; for here the dredge in question was placed in the harbor for the distinct…
2Cases cited3 opinions
- The "Margaret."Supreme Court of the United States · 1877
- The Lady PikeSupreme Court of the United States · 1874
- The IncaDistrict Court, S.D. Georgia · 1904
3Cited by1 opinion
- Continental Ins. v. Temple Steamship Co.Court of Appeals for the Fourth Circuit · 1943