The Milligan
District Court, E.D. Pennsylvania
Two libels by the owner of the sloop Nanticoke — one against the bark Milligan and the other against the tug Brazil — to recover damages for injury by collision. The testimony disclosed the following facts: On March 8,1881, the sloop was bound up the Delaware river, and when near Chester, the tide being ebb and the wind having died out, she came to anchor in a narrow channel and close to the range of the range lights.
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Two libels by the owner of the sloop Nanticoke — one against the bark Milligan and the other against the tug Brazil — to recover damages for injury by collision. The testimony disclosed the following facts: On March 8,1881, the sloop was bound up the Delaware river, and when near Chester, the tide being ebb and the wind having died out, she came to anchor in a narrow channel and close to the range of the range lights. While she was in this position the tug Brazil, having in tow by a hawser the bark Milligan, came down the river. The tug passed safely to the eastward, but the hark collided…
1Opinion of the Court
Butler, D. J.
These cases arise out of one transaction, — involve the same facts, — and will be disposed of together. That each party was in fault, I have no doubt — the sloop for lying at anchor where she did, the bark and tug for failing to keep off. While the sloop was not lying upon the range of lights, she was dangerously near it,— subjecting passing vessels to the exercise of unusual care. The position was not forced upon her; she might have anchored lower down, (before reaching it, or by floating back when the tide turned.) She would thus have been out of the way, and out of danger. Her…
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- The Nettie SundbergDistrict Court, N.D. California · 1900
- Ross v. Cornell Steamboat Co.District Court, D. New Jersey · 1906