Legal Opinion

The "Benefactor."

Supreme Court of the United States

Decided December 18, 1880No. 65PublishedCited by 13 opinions

Appeal from the Circuit Court of the United States for thp Eastern District of New York. This is a libel'filed in the District Court of the United States for the Eastern District of New York by. William H. Mount and others against the steamship “Benefactor,” to recover damages arising from a collision between that vessel and the schooner “ Susan Wright.”

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Appeal from the Circuit Court of the United States for thp Eastern District of New York. This is a libel'filed in the District Court of the United States for the Eastern District of New York by. William H. Mount and others against the steamship “Benefactor,” to recover damages arising from a collision between that vessel and the schooner “ Susan Wright.” The District Court found in favor of the libellants,' and from its decree the claimants of the “ Benefactor ” appealed to the Circuit Court. The latter court found, — 1. That the collision took place a little after ten o’clock in the forenoon…

1Opinion of the CourtChief Justice Waite

Upon the facts as found the judgment below was clearly right. The vessels were on the ocean, and there was nothing to interfere with their navigation. 'The weather was clear and fine, and the time about ten o’clock in the forenoon. The schooner saw the steamer when six or seven miles away, and from that time steadily kept her course until the collision was imminent. While there is no special finding that the steamer saw the schooner, ¿t would have been a gross fault on her part if she did not; and both in the answer and in the requests for finding presented to the court below it is stated…

2Cases cited1 opinion

  1. The" Abbotsford"Supreme Court of the United States · 1879

3Cited by13 opinions

  1. The City of New YorkSupreme Court of the United States · 1893
  2. The City of NorwichSupreme Court of the United States · 1886
  3. The Gazelle and CargoSupreme Court of the United States · 1888
  4. The E. A. Packer, ScullySupreme Court of the United States · 1891
  5. Place and Others v. Norwich & New York Transp. CoSupreme Court of the United States · 1886

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