The Pennland
District Court, S.D. New York
In Admiralty. At about 2 a. m. on the fifth of July, 1883, the steam-ship Penn-land, of the Eed Star line, bound from Antwerp to New York, when near Nantucket, in crossing the bows of the brig Stacy Clark, bound from the Kennebec river to Savannah, carried away the latter’s jib-boom, bowsprit, and head-gear, to recover damages for which this libel was filed.
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In Admiralty. At about 2 a. m. on the fifth of July, 1883, the steam-ship Penn-land, of the Eed Star line, bound from Antwerp to New York, when near Nantucket, in crossing the bows of the brig Stacy Clark, bound from the Kennebec river to Savannah, carried away the latter’s jib-boom, bowsprit, and head-gear, to recover damages for which this libel was filed. The brig was 136 feet long, 373 tons register, loaded with ice, sailing close-hauled upon her starboard tack, in a moderate wind from the westward, in a rough sea, a hazy 'or foggy night, and heading S. S. W. She kept her course until the…
1Opinion of the CourtBrown, J.
The steamer in this case was bound under rulo 20 to keep out of tho way of the brig. She must be held answerable for not having done so, unless she excuses herself by proof of some misconduct on the part of the brig, or by proof of such a condition of fog, and of such a compliance on her part with all the rules of navigation, as absolve her from fault and reduce the case to one of inevitable accident. The Carroll, 8 Wall. 302-304. Tho principal controversy has been in reference to the existence and character of the alleged fog. The difference between the witnesses is to some extent verbal,…
2Cases cited5 opinions
- The “Colorado”Supreme Court of the United States · 1876
- The CarrollSupreme Court of the United States · 1869
- The Elizabeth JonesSupreme Court of the United States · 1884
- The DexterSupreme Court of the United States · 1875
- The LeopardDistrict Court, D. Massachusetts · 1873
3Cited by8 opinions
- Polarus Steamship Co. v. The T/S SandefjordCourt of Appeals for the Second Circuit · 1956
- San Francisco & P. S. S. Co. v. Leggett S. S. Co.Court of Appeals for the Ninth Circuit · 1918
- Wineman v. The Iron ChiefCourt of Appeals for the Sixth Circuit · 1894
- Poppe v. BigelowDistrict Court, E.D. Wisconsin · 1893
- Polarus Steamship Co., Inc., as Owner of the T/s Polarusoil, Libelant-Appellee v. The T/s Sandefjord, Her Engines, Boilers, Etc., and Viriks Rederi A/s (Haldor Virik, Manager), Viriks Rederi A/s (Haldor Virik, Manager) as Owner of the T/s Sandefjord, Cross-Libelant-Appellant v. The T/s Polarusoil, Her Engines, Boilers, Etc., and Polarus Steamship Co., Inc., Cross-Respondent-AppelleeCourt of Appeals for the Second Circuit · 1956
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