Legal Opinion

The Ludvig Holberg

Supreme Court of the United States

Decided March 4, 1895No. 136PublishedCited by 90 opinions

APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF NEW YORK. This was a libel in admiralty for a collision which took place on May 27, 1887, in the lower bay of New York, between the barque Quickstep, then in tow of the tug Leonard Richards, and the Norwegian steamship Ludvig Holberg, outward bound and in ballast.

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APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF NEW YORK. This was a libel in admiralty for a collision which took place on May 27, 1887, in the lower bay of New York, between the barque Quickstep, then in tow of the tug Leonard Richards, and the Norwegian steamship Ludvig Holberg, outward bound and in ballast. The suit, which was promoted by the owner of the cargo of the barque, was originally begun against both the tug and the steamship, but no service appears to have been obtained upon the tug, as the steamship alone appeared and answered. The District Court…

1Opinion of the Court

Mr. Justice Brown,

after stating the case, delivered the"opinion of the court.

This case turns almost altogether upon questions of fact,, and particularly upon the existence and density of the fog ah the time of, and immediately before, the collision. From the •opinions both of the Circuit and District Courts it would appear that libellant took the ground in both courts that there was little or no fog prior to the collision, and no fog signals were given by the tug, while the steamship’s witnesses claimed that the fog had set in from fifteen to thirty minutes before, and became so dense that…

2Cases cited2 opinions

  1. The City of New YorkSupreme Court of the United States · 1893
  2. The “Colorado”Supreme Court of the United States · 1876

3Cited by90 opinions

  1. United States v. Reliable Transfer Co.Supreme Court of the United States · 1975
  2. The Victory & the PlymothianSupreme Court of the United States · 1897
  3. The UmbriaSupreme Court of the United States · 1897
  4. Kirby v. LarsonMichigan Supreme Court · 1977
  5. P. Dougherty Co. v. United States. P. Dougherty Co. v. United StatesCourt of Appeals for the Third Circuit · 1953

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