The Pennsylvania
District Court, E.D. Pennsylvania
Motion for Allowance of Full Costs to Libelant. The owners of the schooner S. B. Hume recovered a judgment for half damages upon a libel for collision against the steam-ship Pennsylvania, reported in 12 Fed. Rep. 914, and the decree reserved the question of costs, whereupon the libelant moved for an allowance of full costs.
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Motion for Allowance of Full Costs to Libelant. The owners of the schooner S. B. Hume recovered a judgment for half damages upon a libel for collision against the steam-ship Pennsylvania, reported in 12 Fed. Rep. 914, and the decree reserved the question of costs, whereupon the libelant moved for an allowance of full costs. Full costs should be allowed where a recovery of damages is had and there is no cross-libel and no allegation of damage in respondent’s answer, (Rathburn v. Steam-tug Thompson, unreported, Brown, J., U. S. Dist. Ct., S. D. N. Y., second circuit; Sapphire, 18 Wall. 51;…
1Opinion of the CourtButler, J.
The libelant—admitting the question to be one for the court’s discretion, determinable on equitable considerations— that costs may be given a libelant who fails to recover, and withheld from another who succeeds—asks an award of full costs in this case, on the ground that it is equitable, as he asserts, to do so whenever, as here, damages from collision—the result of concurrent fault of both parties—are sustained by the libelant’s vessel, alone, and apportioned by the court—(in the absence of special circumstances;) and that this is so fully recognized in admiralty that such a disposition,…
2Cases cited5 opinions
- The " America."Supreme Court of the United States · 1876
- The SapphireSupreme Court of the United States · 1874
- The Mary PattenDistrict Court, D. Massachusetts · 1872
- Vanderbilt v. ReynoldsDistrict Court, S.D. New York · 1879
- The RivalDistrict Court, D. Massachusetts · 1846
3Cited by3 opinions
- Jett v. Texas Co.District Court, D. Delaware · 1948
- The Frank S. HallDistrict Court, E.D. Pennsylvania · 1904
- The Our FriendDistrict Court, E.D. Pennsylvania · 1905