Moseley v. The Nacoochee
U.S. Circuit Court for the District of Southern New York
In Admiralty. See' 22 Fed. Rep. S55. The steam-ship Naoooohee, while on her voyage from Savannah to the city of New York, upon a course N. £ E., off Cape May, about 1: 30 ,p. m. of April 16, 1883, during a fog, passed the schooner Lizzie Thompson, bound in the same direction.
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In Admiralty. See' 22 Fed. Rep. S55. The steam-ship Naoooohee, while on her voyage from Savannah to the city of New York, upon a course N. £ E., off Cape May, about 1: 30 ,p. m. of April 16, 1883, during a fog, passed the schooner Lizzie Thompson, bound in the same direction. The schooner was on the port side of the steam-ship, and, seen through the fog, was apparently on a parallel course, and about 200 yards away, but she was in fact on a N. N. E. course, so that the steam-ship subsequently passed across the schooner’s bow at a time when the two vessels were not visible to each other. About…
1Opinion of the CourtWallace, J.
Although the Necoochee, in deviating from her voyage in the effort to render assistance to those she supposed were in distress, was engaged in a most laudable duty, she was not absolved from the obligation of keeping out of the way of the schooner so far as this was practicable by the exercise of all reasonable care. She was not justified, although performing a salvage service of the highest order of merit, in unnecessarily imperiling the lives and property of others. Assuming that the schooner obeyed the rules of navigation, it devolves upon the steamer to establish the defense of inevitable…
2Cases cited6 opinions
- The PennsylvaniaSupreme Court of the United States · 1874
- Dolner v. The MonticelloU.S. Circuit Court for the District of Massachusetts · 1870
- The “Colorado”Supreme Court of the United States · 1876
- The ScotiaSupreme Court of the United States · 1872
- The CarrollSupreme Court of the United States · 1869
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