The Benefactor
U.S. Circuit Court for the District of Eastern New York
[Appeal from the district court of the United States for the eastern district of New York. _ ' [In admiralty. Libel in rem by the owners of the .schooner Susan Wright against the steamship Benefactor (the New York & Wilmington Steamship Company, claimants) for collision. A separate libel was filed by the crew of the schooner for the loss of personal effects, and a petition of intervention by the owners of the schooner’s cargo to recover value of the same.
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[Appeal from the district court of the United States for the eastern district of New York. _ ' [In admiralty. Libel in rem by the owners of the .schooner Susan Wright against the steamship Benefactor (the New York & Wilmington Steamship Company, claimants) for collision. A separate libel was filed by the crew of the schooner for the loss of personal effects, and a petition of intervention by the owners of the schooner’s cargo to recover value of the same. Decree for libellants and interveners, the damages in the aggregate being assessed at $61,810.49. Case No. 1,297. Claimants appeal.…
1Opinion of the Court
HUNT, Circuit Justice.
Nothing can be more clear than that the occurrence of a collision between a steamer and a schooner upon the open sea, in clear weather, in broad daylight, with no storms, the vessels sighting each other at a distance of seven or eight miles, and for twenty minutes or half an hour, was the result of a great negligence.
[NOTE. On appeal by the claimants, the judgment of the circuit court in this case was affirmed by the supreme court, on the ground that it was the imperative duty of the steamer to keep out of the way of the schooner: and, although there was no special…
2Cases cited1 opinion
- The "Benefactor."Supreme Court of the United States · 1880
3Cited by4 opinions
- Gilkey v. The BetaDistrict Court, S.D. New York · 1889
- The PaoliDistrict Court, S.D. New York · 1897
- Berwind Coal Co. v. The RaritanDistrict Court, S.D. New York · 1887
- Sherridan v. The Eddie GarrisonDistrict Court, S.D. New York · 1895