The Julia M. Hallock
District Court, D. Massachusetts
This was a cause of collision. The libel alleged that, on the 25th of October, 1851, the libellants’ barque Mary, of about 200 tons burden, was lying in Holmes’ Hole, and at about 7 or S o’clock, a. m., the wind blowing quite fresh from west south-west, the crew were beginning to get her under way, when they perceived the Julia M. Hallock, (a schooner of about 300 tons,) drifting rapidly toward them; that the first mate hailed the schooner, to throw over her starboard…
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This was a cause of collision. The libel alleged that, on the 25th of October, 1851, the libellants’ barque Mary, of about 200 tons burden, was lying in Holmes’ Hole, and at about 7 or S o’clock, a. m., the wind blowing quite fresh from west south-west, the crew were beginning to get her under way, when they perceived the Julia M. Hallock, (a schooner of about 300 tons,) drifting rapidly toward them; that the first mate hailed the schooner, to throw over her starboard anchor, but the hail was not obeyed or answered, and the schooner continued to drift, a.nd came afoul of the barque, and…
1Opinion of the Court
SPBAGUE, District Judge.
The libellants’ vessel having, while at anchor in a barbor, been rim foul of by the schooner, when the weather was not so heavy that she could not ride safely at her anchors, the schooner is prima facie liable. The explanation given is that, having taken a pilot, she was getting under way in the usual manner. She took up her large anchor, and liad heaved in to the fifteen fathom shackle of the smaller chain, when the vessel got loose and drove into the barque.
Much stress is laid on the fact that a pilot was on board. This is not, in itself, a good defence. It only goes…
2Cases cited1 opinion
- Griswold v. SharpeCalifornia Supreme Court · 1852
3Cited by4 opinions
- Homer Ramsdell Transp. Co. v. Compagnie Generale TransatlantiqueU.S. Circuit Court for the District of Southern New York · 1894
- Marcussen v. The Mary FraserDistrict Court, S.D. New York · 1886
- The ChinaSupreme Court of the United States · 1869
- The ChinaSupreme Court of the United States · 1869