Legal Opinion

The Thornley

Court of Appeals for the Fifth Circuit

Decided December 12, 1899No. 841PublishedCited by 4 opinions

Appeal from the District Court of the United States for' the Southern District of Florida. On the 1st of December, 1898, the steamship Thornley, Legg, master, bound from New York to Tampico, ran on the part of the Florida coast known as “Pickles Reef.” She had a cargo of about 3,800 tons of coal; also a quantity of dynamite, being four shipments, aggregating 3,350 cases, weighing net 79,-829 kilograms, nearly 80 gross tons weight, which was stowed in the stern of the ship.

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Appeal from the District Court of the United States for' the Southern District of Florida. On the 1st of December, 1898, the steamship Thornley, Legg, master, bound from New York to Tampico, ran on the part of the Florida coast known as “Pickles Reef.” She had a cargo of about 3,800 tons of coal; also a quantity of dynamite, being four shipments, aggregating 3,350 cases, weighing net 79,-829 kilograms, nearly 80 gross tons weight, which was stowed in the stern of the ship. The ship grounded at a quarter past 8 in the morning, running at full speed, and she went upon the reef from her bow to…

1Opinion of the Court

After stating the facts as above, the opinion of the court was delivered by

PARDEE, Circuit Judge.

Pickles Reef is a well-known dangerous reef, being exposed to the full force of the sea from northeast and around to the south. The Oxford (D. C.) 66 Fed. 584, 590; Baker v. The Slobodna (D. C.) 35 Fed. 537. When the Thornley was aground on that reef, she was in a position of imminent peril. While the weather was clear she pounded, and from that and her violent grounding she was decidedly strained and set aleak. Such being her condition in ordinary weather, nothing but destruction was before her…

2Cases cited10 opinions

  1. EJ DuPont De Nemours & Co. v. VanceSupreme Court of the United States · 1857
  2. The ElfridaSupreme Court of the United States · 1898
  3. Post v. JonesSupreme Court of the United States · 1857
  4. The TornadoSupreme Court of the United States · 1883
  5. The TrefusisCourt of Appeals for the Fifth Circuit · 1899

5 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Black Gold Marine, Inc. v. Jackson Marine Co.Court of Appeals for the Fifth Circuit · 1985
  2. The HumarockDistrict Court, S.D. Georgia · 1916
  3. The PenobscotDistrict Court, E.D. North Carolina · 1900
  4. Black Gold Marine, Inc. v. Jackson Marine Company, Inc.Court of Appeals for the Fifth Circuit · 1985

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