Legal Opinion

The Farragut

Supreme Court of the United States

Decided December 12, 1870PublishedCited by 47 opinions

Clark libelled the steamer Farragut for causing the destruction of the canal-boat Ajax and her cargo on the 8th of March, 1866. The Buckeye Mutual Insurance Company having paid Clark $1500 insurance on the canal-boat, came in by petition, and were made parties libellant, and subrogated to Clark’s rights in the cause to the amount thus paid.

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Clark libelled the steamer Farragut for causing the destruction of the canal-boat Ajax and her cargo on the 8th of March, 1866. The Buckeye Mutual Insurance Company having paid Clark $1500 insurance on the canal-boat, came in by petition, and were made parties libellant, and subrogated to Clark’s rights in the cause to the amount thus paid. The pi’ineipal charges of the libel were, that the steamer Farragut, being engaged in running between Beardstown, Illinois, and St. Louis, Missouri, on the Illinois and Mississippi Rivers, on the 7th of March, 1866, took the canal-boat Ajax, loaded with…

1Opinion of the CourtJustice Bradley

The District and Circuit Courts were both satisfied that the evidence in the case fully supported the defence, and this court concurs in that conclusion, unless the position strenuously insisted on here by the appellants’ counsel can be maintained, to wit, that the absence of a special look-out is evidence of negligence, which renders themwners of the steamer piimd facie liable.

It is undoubtedly true that the absence of a special lookout would, in many cases, perhaps in most.cases, be regarded as evidence of great negligence. The last rule prescribed by Congress by the act of April 29, 1864,…

2Cited by47 opinions

  1. The NacoocheeSupreme Court of the United States · 1890
  2. Richelieu & Ontario Navigation Co. v. Boston Marine InsuranceSupreme Court of the United States · 1890
  3. The Blue JacketSupreme Court of the United States · 1892
  4. The " America."Supreme Court of the United States · 1876
  5. Inter-Cities Navigation Corporation v. United StatesCourt of Appeals for the Fifth Circuit · 1979

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