Legal Opinion

The Gladiator

District Court, D. Massachusetts

Decided March 24, 1898No. Nos. 319, 877PublishedCited by 6 opinions

In Admiralty. Suit by Joshua F. Nickerson against the steam tug Gladiator. Decree for half damages for loss of tow.

1Opinion of the Court

LOWELL, District Judge.

This was a libel against the steam tug Gladiator for the loss of the schooner Nowell. The accident was alleged to have been caused by the negligence of the Gladiator in towing her.

The District Court found that the tug alone was in fault, and decreed to the libelant the value of the schooner, with interest from the date of; filing the libel.

• The claimants appealed to the Circuit Court of Appeals, which by its mandate has directed the District Court “to proceed on the theory that both vessels were in 'fault.”

[ 1 ] Claimant’s counsel contends that by rule 30 of the…

2Cases cited4 opinions

  1. Nashua & Lowell R. v. Boston & Lowell R.Court of Appeals for the First Circuit · 1894
  2. Chisholm v. AbbottCourt of Appeals for the First Circuit · 1896
  3. Fabre v. Cunard Steamship Co.Court of Appeals for the Second Circuit · 1892
  4. Brown v. Merritt Wrecking OrganizationCourt of Appeals for the Fourth Circuit · 1897

3Cited by6 opinions

  1. Fredericksen v. McDonaldCourt of Appeals for the First Circuit · 1915
  2. Pennsylvania R. v. GoldenDistrict Court, D. Massachusetts · 1917
  3. Ingraham v. J. S. Packard Dredging Co.District Court, D. Maine · 1931
  4. The PemaquidDistrict Court, D. Maine · 1924
  5. Glen Southern Shipping Corp. v. Norfolk Towing Corp.District Court, E.D. Virginia · 1956

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