Legal Opinion

Hunter v. Dampskibsselskabet Tellus

Court of Appeals for the Ninth Circuit

Decided October 19, 1903No. 930PublishedCited by 12 opinions

Appeals from the District Court of the United States for the Northern District of California. The several libels herein set forth, arising out of one event, namely, a collision between the Norwegian steamship Tellus and the British_ steamship Belgian King, were consolidated, by order of the court below, and tried upon one hearing.

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Appeals from the District Court of the United States for the Northern District of California. The several libels herein set forth, arising out of one event, namely, a collision between the Norwegian steamship Tellus and the British_ steamship Belgian King, were consolidated, by order of the court below, and tried upon one hearing. Several decrees were entered by the District Court, and, by. stipulation of the respective parties, appeals from the several decrees were presented to this court upon one record. It is alleged, in the amended libel of G. B. Hunter and the Wallsend Slipway Company…

1Opinion of the CourtMorrow, Circuit Judge

The assignments of error relate to the various findings and conclusions of the court, upon which its holding was based that the legal responsibility for the collision in which the injuries were received was upon the Belgian King. As an appeal in admiralty causes brings both the law and the facts before the appellate court for review, the principal question for consideration is whether either vessel was solely in fault in causing the collision upon which the libels in controversy are based.

It is undisputed that the steamship Belgian King left the port of San Francisco, in ballast, on the…

2Cases cited3 opinions

  1. The UmbriaSupreme Court of the United States · 1897
  2. The NacoocheeSupreme Court of the United States · 1890
  3. The “Colorado”Supreme Court of the United States · 1876

3Cited by12 opinions

  1. The SagamoreCourt of Appeals for the First Circuit · 1917
  2. The Bailey GatzertCourt of Appeals for the Ninth Circuit · 1910
  3. The GeorgiaDistrict Court, D. Rhode Island · 1913
  4. The Kaga MaruDistrict Court, W.D. Washington · 1927
  5. Edwards v. Wilmington Transp. Co.District Court, S.D. California · 1937

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