Dolner v. The Monticello
U.S. Circuit Court for the District of Massachusetts
Admiralty appeals from the district court of Massachusetts in cases of collision. The libellants [Harold Dolner and others] in the first case were the owners of the schooner Phebe; in the second [Gilbert Potter and others], the owners of the cargo on board the Phebe; and claimed, respectively, to recover the value of the schooner and cargo, alleging that the Phebe “was run down and sunk by the fault of the steamer Monticello, whereby the schooner and cargo were totally…
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Admiralty appeals from the district court of Massachusetts in cases of collision. The libellants [Harold Dolner and others] in the first case were the owners of the schooner Phebe; in the second [Gilbert Potter and others], the owners of the cargo on board the Phebe; and claimed, respectively, to recover the value of the schooner and cargo, alleging that the Phebe “was run down and sunk by the fault of the steamer Monticello, whereby the schooner and cargo were totally lost.”' The claimants contended that the collision was caused by the fact that ■.there was a thick fog at the time, which…
1Opinion of the Court
SHEPLEY, Circuit Judge.
The schooner Phebe, • on the sixth day of March, left the port of Havana, Cuba, laden with a cargo of fruit, bound for the port of New York. Proceeding on her voyage, about ten o’clock on the night of the 11th of March the schooner was from thirty to forty miles south by west from Cape Lookout, with a light wind from the north-east, sailing on her larboard tack, heading east by south, and close-hauled upon the wind. The breeze was so light that the schooner had’ scarcely any headway, barely enough to give her steerage, and was nearly becalmed. The port watch was upon…
2Cited by129 opinions
- Seaboard Air Line Railway v. HortonSupreme Court of the United States · 1914
- Hough v. Railway Co.Supreme Court of the United States · 1880
- Ford v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1872
- Narramore v. Cleveland, C., C. & St. L. Ry. Co.Court of Appeals for the Sixth Circuit · 1899
- Keddie v. Pennsylvania State UniversityDistrict Court, M.D. Pennsylvania · 1976
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