Legal Opinion

The Victory & the Plymothian

Supreme Court of the United States

Decided November 29, 1897No. Nos. 66 and 67PublishedCited by 225 opinions

CERTIORARI TO THE CIRCUIT COURT OE APPEALS EOR THE FOURTH CIRCUIT. On the twelfth day of November, 1891, the steamers Victory and Piymothian came into collision in the Elizabeth River between Lambert’s Point and Craney Island Light. The Piy-mothian, laden with a cargo of cotton, was outward bound. The Victory was inward bound in ballast. The Piymothian and her cargo were seriously damaged. The Victory was also damaged about the bows.

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CERTIORARI TO THE CIRCUIT COURT OE APPEALS EOR THE FOURTH CIRCUIT. On the twelfth day of November, 1891, the steamers Victory and Piymothian came into collision in the Elizabeth River between Lambert’s Point and Craney Island Light. The Piy-mothian, laden with a cargo of cotton, was outward bound. The Victory was inward bound in ballast. The Piymothian and her cargo were seriously damaged. The Victory was also damaged about the bows. On the fourteenth of November, the master of the Victory filed a libel against the Piymothian in the District Court for the Eastern District of Virginia ; and on…

1Opinion of the CourtChief Justice Fullee

The District Court and the Circuit Court of Appeals concurred in finding the Victory grossly in fault, and we see no reason for arriving at any other conclusion. In our opinion the collision was the direct consequence of the Victory’s disregard of the rule of the road and her reckless navigation.

In any aspect of the case, the rule of the road was to keep to the right.

By rule eighteen of the regulations prescribed by the act of April 29,1864, carried forward in section 4233 of the Bevised Statutes, “ if two vessels under steam.are meeting end on, or nearly end on, so as to involve risk of…

2Cases cited14 opinions

  1. The City of New YorkSupreme Court of the United States · 1893
  2. The UmbriaSupreme Court of the United States · 1897
  3. Clark v. BarnwellSupreme Court of the United States · 1852
  4. Belden v. ChaseSupreme Court of the United States · 1893
  5. Transportation Company v. DownerSupreme Court of the United States · 1871

9 more not listed; retrieve them via the Exa API.

3Cited by225 opinions

  1. United States v. Reliable Transfer Co.Supreme Court of the United States · 1975
  2. Schnell v. the VallescuraSupreme Court of the United States · 1934
  3. Kirby v. LarsonMichigan Supreme Court · 1977
  4. China Union Lines, Ltd., Mitsubishi International Corporation, Lan Jing-Chau, Armement Deppe, S.A. v. A. O. Andersen & Co., American Cyanamid CompanyCourt of Appeals for the Fifth Circuit · 1966
  5. Compania De Maderas De Caibarien, S. A. v. The Queenston Heights, Etc., Esso Shipping CompanyCourt of Appeals for the Fifth Circuit · 1955

220 more not listed; retrieve them via the Exa API.

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