Legal Opinion

Occidental & O. S. S. Co. v. Smith

Court of Appeals for the Ninth Circuit

Decided February 10, 1896No. Nos. 191, 192PublishedCited by 14 opinions

Appeals from the District Court of the United States for the Northern District of California. The history and facts of these cases are given in the opinion of the district judge (61 Fed. 338) as follows: “On the morning of August 22, 18SS, between 9 and 10 o’clock, a collision took place in the entrance of the Bay of San Francisco between the steamships Oceanic and City of Chester.

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Appeals from the District Court of the United States for the Northern District of California. The history and facts of these cases are given in the opinion of the district judge (61 Fed. 338) as follows: “On the morning of August 22, 18SS, between 9 and 10 o’clock, a collision took place in the entrance of the Bay of San Francisco between the steamships Oceanic and City of Chester. The latter vessel was sunk, and became a total loss, and several passengers on board of her lost their lives. Among those were Henry Smith and his daughter, Myrta Smith. Two actions were instituted in this court…

1Opinion of the CourtHanford, District Judge

(after stating the facts). The appellant contends for the reversal of the decrees upon the ground that, in order to make out .a case against the Oceanic, it was incumbent upon the plaintiff to prove by a preponderance of the evidence the commission of some act which should not have been committed, or the omission of some duty which should have been performed, and which act of commission or omission on the part of the Oceanic was the direct or approximate cause of the injury complained of; and that there was a total failure to introduce such proof, there being no proof whatever showing…

2Cases cited2 opinions

  1. The BritanniaSupreme Court of the United States · 1894
  2. Canton Ins. v. of the VictoryCourt of Appeals for the Fourth Circuit · 1895

3Cited by14 opinions

  1. McRae v. Bowers Dredging Co.U.S. Circuit Court for the District of Washington · 1898
  2. Union Transp. Co. v. KentCourt of Appeals for the Ninth Circuit · 1904
  3. The Alfred W. BoothDistrict Court, S.D. New York · 1903
  4. The YarmouthDistrict Court, D. Massachusetts · 1900
  5. Tidewater Associated Oil Co. v. United StatesDistrict Court, S.D. California · 1945

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