Smith v. Burnett
Supreme Court of the United States
APPEAL FROM THE COURT OF APPEALS OF THE DISTRICT OF COLUMBIA. This was an appeal from the Court of Appeals for the District of Columbia affirming a decree of the Supreme.
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APPEAL FROM THE COURT OF APPEALS OF THE DISTRICT OF COLUMBIA. This was an appeal from the Court of Appeals for the District of Columbia affirming a decree of the Supreme. Court of the District, sitting in admiralty, whereby appellees, original libellants in the cause, were awarded damages, and a cross libel filed by appellants was dismissed. 10 D. C. App. 469. As stated by the Court of Appeals, the libel was filed by ap-pellees against appellants for an alleged injury to their vessel, the schooner Ellen Tobin, while moored in berth at appellants’ wharf on the bank of the Potomac at…
1Opinion of the CourtChief Justice Fuller
Undoubtedly^ there was jurisdiction in admiralty in the courts below, and the applicable principles of law are familiar..
Although a wharfinger does not guarantee the safety of vessels coming to his wharves, he is bound to exercise reasonable diligence in ascertaining the condition of the berths thereat, and if there is any dangerous obstruction to remove it, or to give due notice of its existence to vessels about to use the berths. At the same time the master is bound to use ordinary care, and cannot carelessly run into danger. Philadelphia, Wilmington &c. Railroad v. Philadelphia &c. Steam…
2Cases cited9 opinions
- The BaltimoreSupreme Court of the United States · 1869
- Philadelphia, Wilmington, & Baltimore Railroad v. Philadelphia & Havre De Grace Steam Towboat Co.Supreme Court of the United States · 1860
- Carleton v. Franconia Iron & Steel Co.Massachusetts Supreme Judicial Court · 1868
- Towson v. MooreSupreme Court of the United States · 1899
- Panama Railroad v. Napier Shipping Co.Supreme Court of the United States · 1897
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3Cited by111 opinions
- The IroquoisSupreme Court of the United States · 1904
- Dearborn Marine Service, Inc. v. Chambers & KennedyCourt of Appeals for the Fifth Circuit · 1974
- Sutton v. EarlesCourt of Appeals for the Ninth Circuit · 1994
- Bessemer & Lake Erie Railroad v. Seaway Marine TransportCourt of Appeals for the Sixth Circuit · 2010
- Hy-Yu-Tse-Mil-Kin v. SmithSupreme Court of the United States · 1904
106 more not listed; retrieve them via the Exa API.