Pierce v. Lang
District Court, D. Massachusetts
Libel by [J. G. Pierce and others] the owners of the brig Transit against [J. H. B. Lang and others], the owners of the steamer Oriental, for damage. The brig was lying at the head of the dock at Bartlett’s wharf, in Boston, and the steamer in the corresponding position on the opposite side of the dock.
Read the full summary
Libel by [J. G. Pierce and others] the owners of the brig Transit against [J. H. B. Lang and others], the owners of the steamer Oriental, for damage. The brig was lying at the head of the dock at Bartlett’s wharf, in Boston, and the steamer in the corresponding position on the opposite side of the dock. The persons in charge of the steamer undertook to warp her down towards the harbor, and, while carrying out this operation, her foreyard came in contact with and carried away the brig’s maintopsail yard, and scraped her hull. The defence was, that the brig should have had her yards braced up…
1Opinion of the Court
LOWELL, District Judge.
Upon the facts proved in this ease, I must.hold the steamer solely responsible for this collision. First, because the fact of a moving vessel, coming *636In contact in the daytime and calm weather with one lying at her dock, affords a presumption of negligence on the part of the former. Secondly, because it appears affirmatively, that the agents of the respondents neglected to give notice .to the wharfinger and to the libellants’ shipkeeper, or either of them, .and gave no warning of any kind. Thirdly, the respondents are not shown to have neglected any usual and proper…
2Cited by1 opinion
- The EchoDistrict Court, S.D. New York · 1884