Bramble v. Culmer
Court of Appeals for the Fourth Circuit
Appeal from the District Court of the United States for the District of Maryland. This was a libel in personam by Barzillia Bramble and Henry W. Elliott, owners of the schooner William Farren, and Calvin A. Murphy, her master, against James W. Culmer and Thomas B. Schall, to recover for the loss of said schooner, while under charter to the defendants. The district court dismissed the libel on the merits, and the libelants have appealed.
1Opinion of the Court
BRAWLEY, District Judge.
The primary and fundamental question in this case upon which the decision turns is whether, under the agreement between the parties, there was a demise of the ship, or whether it was a contract of affreightment. If the owners parted with the whole possession and control of the ship, and gave to the charterers power and right to do what they pleased with regard to the captain and crew and the management of the ship, such charterers would become pro hac vice the owners, and would be responsible for its navigation and all the incidents flowing from that relation. If, on…
2Cases cited10 opinions
- The OregonSupreme Court of the United States · 1895
- Leary v. United StatesSupreme Court of the United States · 1872
- United States v. SheaSupreme Court of the United States · 1894
- Reed v. United StatesSupreme Court of the United States · 1871
- Ralli v. TroopSupreme Court of the United States · 1895
5 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Sacramento Navigation Co. v. SalzSupreme Court of the United States · 1927
- Clyde Commercial Steamships, Ltd. v. United States Shipping Co.District Court, S.D. New York · 1907
- People of State of California v. the Jules FribourgDistrict Court, N.D. California · 1956
- American Diamond Lines, Inc. v. McAllister Towing & Transportation Co.Court of Appeals for the Second Circuit · 1939
- American Diamond Lines, Inc. v. McAllister Towing & Transportation Co.Court of Appeals for the Second Circuit · 1939
8 more not listed; retrieve them via the Exa API.