Legal Opinion

The Jason

District Court, S.D. New York

Decided May 22, 1908PublishedCited by 3 opinions

In Admiralty. Suit and cross-libel for general average. On July 29, 1904, the Norwegian steamship Jason, under charter to the Ward Line, left Cienfuegos for New York, laden with about 12,000 bags of sugar and some general cargo. She sailed early in the afternoon, with fine weather and the moon in the last quarter.

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In Admiralty. Suit and cross-libel for general average. On July 29, 1904, the Norwegian steamship Jason, under charter to the Ward Line, left Cienfuegos for New York, laden with about 12,000 bags of sugar and some general cargo. She sailed early in the afternoon, with fine weather and the moon in the last quarter. She encountered neither storm nor fog, nor were her navigators aware of any unusual or dangerous conditions until shortly before 4- a. m. of July 30th, when she stranded on Sambo Cambeso, or Sambo Head, a low lying rock about seven miles northwest of Dry Shingle Reef. The Jason…

1Opinion of the CourtHough, District Judge

(after stating the facts as above). If the Jason stranded through negligent navigation, or by reason'Of the defects of construction, equipment, or fitting alleged in the cross libel and the answer to the original suit, the shipowners’ action must be dismissed. There is, I think, no evidence justifying the belief that the ship’s compass was so defective as to be the proximate cause of disaster, or that the master was incompetent, or that the ship herself was unsea-worthy. The question then remains whether the stranding was due to negligent or careless navigation.

The fact that she did go ashore…

2Cases cited11 opinions

  1. The IrrawaddySupreme Court of the United States · 1898
  2. International Nav. Co. v. Atlantic Mut. Ins.District Court, S.D. New York · 1900
  3. McAndrews v. ThatcherSupreme Court of the United States · 1866
  4. Burrell v. ArmstrongCourt of Appeals for the Second Circuit · 1900
  5. The StrathdonDistrict Court, E.D. New York · 1899

6 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. The MariaCourt of Appeals for the Fourth Circuit · 1937
  2. Bravo v. St. Paul Fire & Marine Ins.Court of Appeals for the First Circuit · 1919
  3. Gladioli v. Standard Export Lumber Co.Court of Appeals for the Fourth Circuit · 1937

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