Legal Opinion

The Monticello

District Court, D. Massachusetts

Decided December 15, 1867PublishedCited by 4 opinions

Libel for damage caused the schooner Phoebe by the steamer Monticello, on the night of March 11, 1SG7, about twenty-six miles to the southward and eastward of Cape Lookout. The witnesses for the libel-lants deposed that they saw the mast-head and starboard side-lights of the steamer at á few minutes after ten o’clock, at a distance which they estimated at a mile, and about two points forward of their port beam.

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Libel for damage caused the schooner Phoebe by the steamer Monticello, on the night of March 11, 1SG7, about twenty-six miles to the southward and eastward of Cape Lookout. The witnesses for the libel-lants deposed that they saw the mast-head and starboard side-lights of the steamer at á few minutes after ten o’clock, at a distance which they estimated at a mile, and about two points forward of their port beam. The crew of the schooner hailed the steamer, but she kept her course until close to the schooner, when an order was heard to port the helm, but they observed no change of course, and…

1Opinion of the Court

LOWELL, District Judge.

I am fully satisfied that whatever may be the truth in relation to the other matters, the steamer was in fault in porting her helm. The experts on both sides agree that the order should have been to starboard. It is said to be a general rule of navigation that when the vessel which is bound to give way sees a light close at hand on the port bow or directly ahead the helm should be put to port, but if on the starboard bow, the helm should be star-boarded. Whether this be a general rule or not, it is manifestly a true rule for a case like this, where the red light of a…

2Cited by4 opinions

  1. California Victor Distributing Co. v. Luckenbach S. S. Co.District Court, S.D. New York · 1932
  2. Palmer v. Merchants' & Miners' Transp. Co.District Court, D. Massachusetts · 1907
  3. In re RipleyNew York Court of Common Pleas · 1880
  4. The Grand MananDistrict Court, D. Maine · 1914

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