Legal Opinion

The Mosher

U.S. Circuit Court for the Northern District of Illnois

Decided October 15, 1868PublishedCited by 3 opinions

Appeal from decree of the district court dismissing a libel filed by Sallie F. Dobbie and others, owners of the shooner Nicaragua, against the tug Mosher, to recover damage caused by the alleged negligence of the tug while towing the Nicaragua.

1Opinion of the Court

DAVIS, Circuit Justice.

This case was argued at the last fall term by eminent counsel. I have since read all the testimony carefully, and although the case is not free from doubt, I am unable to see wherein the views of the district court are incorrect. I shall content myself with stating the ground on which I justify this conclusion.

The schooner Nicaragua, owned by libel-lants, on the 6th of August having encountered a heavy wind and high sea, which continued during the day, came to anchor, and shortly after, the tug Mosher took her in tow. The schooner furnished the tow line. The first…

2Cited by3 opinions

  1. Marts v. The OceanicCourt of Appeals for the Fifth Circuit · 1896
  2. The CzarinaDistrict Court, N.D. California · 1901
  3. The DeltaDistrict Court, W.D. New York · 1903

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