Thorp v. Hammond
Supreme Court of the United States
Appeal from the Circuit. Court for the Southern District of New York, in a libel in personam, for a collision between vessels at sea.
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Appeal from the Circuit. Court for the Southern District of New York, in a libel in personam, for a collision between vessels at sea. The case was thus: By an act of Congress of -March 8d, 1851, it is enacted— “Section 8. That tho liability of tho owners of-any vessel for any loss, damage, or injury by-collision, occasioned without the privily of such owners, shall in no case exceed the amount or value of tho interest of such owners respectively in such vessel and her freight then pending. “ Section 5. That tho charterer of any ship or vessel, in case he or they shall man, victual, and…
1Opinion of the CourtJustice Strong
delivered, the opinion of the court.
It is plain, as respects the merits of this suit, that the col lision was the result of gross carelessness in the management of the Huntley. Knowing, as the master did, that there were two schooners’in close proximity to his own; knowing also, as h¿ must have known, that they were beating out their tacks, and would probably soon come about and put in shore, there can be no excuse for his failure to keep watch of their movements and to notice the change of course by the Brothers in season to port his helm and thus pass under her stern. That the hands on-the…
2Cited by38 opinions
- Workman v. New York CitySupreme Court of the United States · 1900
- The BarnstableSupreme Court of the United States · 1901
- Tucker v. AlexandroffSupreme Court of the United States · 1902
- Cox v. . Lykes BrothersNew York Court of Appeals · 1924
- Marion Lee Avera and Daniel J. Avera v. Florida Towing Corporation, Florida Towing Corporation v. Marion Lee Avera and Daniel J. AveraCourt of Appeals for the Fifth Circuit · 1963
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