The Huntsville
U.S. Circuit Court for the District of Southern New York
[Appeal from the district court of the United' States for the Southern district of New York.] In admiralty.
1Opinion of the Court
WOODRUFF. Circuit Judge.(1) It is impossible to exonerate the steamer from responsibility for the collision with the ship for which this cause is prosecuted. It was the duty of the steamer to keep out of the ■way of the sailing vessel; and, unless there was some fault on the part of those navigat-*995iug that vessel, which operated to mislead the steamer or defeat her effort to keep out •of the way, the steamer is necessarily liable. The presumption of fault on her part,, there being no pretence of inevitable accident, is conclusive. In any view of the subject, the steamer was hound to use…
2Cited by2 opinions
- Wilder's S. S. Co. v. LowCourt of Appeals for the Ninth Circuit · 1901
- The Jay GouldDistrict Court, E.D. Michigan · 1884