Nederlandsch Americaansche Stoomvart Maatschappy v. The Lepanto
District Court, S.D. New York
In Admiralty. The libel in this case was filed by the owners of the Dutch steamship Edam, against the British steam-ship Lepanto, in rem, and against her master, in personam, to recover $450,000, the alleged value of the Edam and her cargo, which were sunk by a collision with the Lepanto during a dense ,fog off George’s bank, at about 10 p. m. on the night of September 21, 1882. The Edam was an iron steam-ship, and one of the libelants’ line of packets engaged in the…
Read the full summary
In Admiralty. The libel in this case was filed by the owners of the Dutch steamship Edam, against the British steam-ship Lepanto, in rem, and against her master, in personam, to recover $450,000, the alleged value of the Edam and her cargo, which were sunk by a collision with the Lepanto during a dense ,fog off George’s bank, at about 10 p. m. on the night of September 21, 1882. The Edam was an iron steam-ship, and one of the libelants’ line of packets engaged in the transportation of freight and passengers between New York and Holland. She was of 2,276 tons register, 320 feet long, 39 feet…
1Opinion of the CourtBrown, J.
The basis of actions of this character is some fault in the vessel, or person sued. Eault consists in the violation of some statutory rule of navigation, or in the failure to exorcise due nautical skill or prudence. The burden of proof is upon the libelants. To entitle them to recover they must point out the fault complained of, and establish it by a fair preponderance of evidence. The faults urged against the Lopanto in tiiis case are (1) immoderate speed; (‘2) that, being south of the line of the Edam’s course, she unjustifiably ported her helm and crossed the Edam’s hows; (3) delay in…
2Cases cited8 opinions
- The PennsylvaniaSupreme Court of the United States · 1874
- The “Colorado”Supreme Court of the United States · 1876
- New York & Liverpool United States Mail Steamship Co. v. RumballSupreme Court of the United States · 1859
- Peck v. SandersonSupreme Court of the United States · 1855
- Of the Steamer Louisiana v. FisherSupreme Court of the United States · 1858
3 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- The Silver PalmCourt of Appeals for the Ninth Circuit · 1937
- The Ernest H. MeyerCourt of Appeals for the Ninth Circuit · 1936
- The SagamoreCourt of Appeals for the First Circuit · 1917
- Stahl v. The NiagaraDistrict Court, S.D. New York · 1896
- The PatriaDistrict Court, S.D. New York · 1899
20 more not listed; retrieve them via the Exa API.