Ford v. The Alice B. Phillips
Court of Appeals for the Third Circuit
Appeal from the District Court of the United States for the Eastern District of Pennsylvania. Thesp were cross libels in ran to recover damages resulting from a collision between the schooner Alice B. Phillips and the steamship Sirius. The collision occurred between 1 and 2 o’clock on the morn ing of September 9, 1894, on the open sea, about 12 miles soulhward of Femvick Island Lightsliix>, and resulted in serious injury to the schooner.
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Appeal from the District Court of the United States for the Eastern District of Pennsylvania. Thesp were cross libels in ran to recover damages resulting from a collision between the schooner Alice B. Phillips and the steamship Sirius. The collision occurred between 1 and 2 o’clock on the morn ing of September 9, 1894, on the open sea, about 12 miles soulhward of Femvick Island Lightsliix>, and resulted in serious injury to the schooner. The night was dark, but neither foggy nor thick. The courses of the vessels, as they approached, were slightly crossing, but nearly head on. In the answer…
1Opinion of the Court
DALLAS, Circuit Judge.
The distinction urged upon our attention in the appellant’s brief, between an inquiry as to whether the schooner’s port light was burning at all and an inquiry as to whether it was so burning as to be properly visible, is one which does not appear to be material under the evidence. The testimony of those on board the schooner is harmonious,, positive, and credible, and is distinctly to the effect, not only that the light in question was actually burning, but also that it was bright; and we cannot agree that, because it has been testified that some — perhaps all — of…
2Cited by7 opinions
- The RichmondDistrict Court, E.D. Virginia · 1902
- Brigham v. LuckenbachDistrict Court, D. Maine · 1905
- ElwoodDistrict Court, S.D. California · 1947
- New England Maritime Co. v. United StatesDistrict Court, D. Massachusetts · 1932
- The DorchesterDistrict Court, E.D. Virginia · 1908
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