Taylor v. Harwood
U.S. Circuit Court for the District of Maryland
[Appeal from the district court of the United States for the district of Maryland.] The libel was filed on the 16th of June 1845, by the appellees [James Harwood and others], owners of the steamboat Fredericks-burg, against [Robert Taylor, claimant of] the steamboat Boston, to recover damages for injuries sustained by a collision in the Chesapeake Bay.
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[Appeal from the district court of the United States for the district of Maryland.] The libel was filed on the 16th of June 1845, by the appellees [James Harwood and others], owners of the steamboat Fredericks-burg, against [Robert Taylor, claimant of] the steamboat Boston, to recover damages for injuries sustained by a collision in the Chesapeake Bay. Both the steamers were owned by citizens of Maryland, and were engaged in performing voyages within the limits of that state, and were within those limits at the time of the collision. A great deal of conflicting testimony was taken in the…
1Opinion of the Court
TANEY, Circuit Justice.
It is admitted in this case, that the witness was summoned to the district court, but did not attend, and was not examined; he sails in a vessel, trading between this place and Havre de Grace; if he were present the party would be entitled to examine him, according to the practice of the admiralty courts. This practice, so contrary to that of chancery and common law, in cases of appeal or writ of error, can only be justified from the character and pursuits of witnesses usually required in admiralty proceedings, whose occupations most commonly prevent them from remaining…
2Cited by3 opinions
- Reed v. ReedMassachusetts Supreme Judicial Court · 1874
- The Lord DerbyU.S. Circuit Court for the District of Eastern Louisiana · 1883
- Richelieu & O. Nav. Co. v. Boston Marine Ins. Co.U.S. Circuit Court for the District of Eastern Michigan · 1886