Jones v. Mann
Court of Appeals for the Fourth Circuit
Appeal from the District Court of the United States for the Eastern District of Virginia. This was a libel by the owners of the barge Aunt Betty against the steamer Lucy and the tug Spring Garden to recover damages occasioned to the barge by a collision with the Lucy while the barge was in tow of the tug. The district court found that the tug was not liable, but rendered a decree against the Lucy for the full damages occasioned.
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Appeal from the District Court of the United States for the Eastern District of Virginia. This was a libel by the owners of the barge Aunt Betty against the steamer Lucy and the tug Spring Garden to recover damages occasioned to the barge by a collision with the Lucy while the barge was in tow of the tug. The district court found that the tug was not liable, but rendered a decree against the Lucy for the full damages occasioned. From this decree an appeal was taken by Joseph J. Junes, master and claimant of the Lucy. A motion to dismiss the appeal because of delay in filing the transcript of…
1Opinion of the CourtFimgaton, Circuit Judge
(after stating the facts). The testimony in this case is conflicting. The trial judge examined the witnesses in open court, saw and heard them. His conclusion, in this conflict of evidence, is entitled to great respect. The Alejandro, 6 C. C. A. 54, 86 Fed. 621. Besides this, assuming that, the Lucy, after she had concluded to go down on the east side of the channel, then took every precaution, by getting close to the shore, even ‘‘putting her nose in the bank,” yet the fact of the collision shows that in coming to this conclusion she blundered. The collision was certain to result from the…
2Cases cited4 opinions
- Pillsbury-Washburn Flour Mills Co. v. EagleCourt of Appeals for the Seventh Circuit · 1898
- New York & Liverpool United States Mail Steamship Co. v. RumballSupreme Court of the United States · 1859
- The SyracuseSupreme Court of the United States · 1870
- The Alijandro v. WallaceCourt of Appeals for the Ninth Circuit · 1893
3Cited by17 opinions
- Alaska Packers' Ass'n v. DomenicoCourt of Appeals for the Ninth Circuit · 1902
- Watts v. JensenCourt of Appeals for the Ninth Circuit · 1898
- The Glendale v. EvichCourt of Appeals for the Fourth Circuit · 1897
- The AlabamaDistrict Court, E.D. Virginia · 1902
- The WesthallDistrict Court, E.D. Virginia · 1899
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