Cushing v. Owners of the Ship John Fraser
THIS was an appeal from the Circuit Court of the United States for the district of South Carolina, sitting in admiralty.
It was a case of collision, in the port of Charleston, under the circumstances particularly set forth in the opinion of the court.
The James Gray was at anchor, and the John Fraser was being towed into the harbor by the steamer General Clinch, when a collision ensued between the John Fraser and the James Gray. The owners of the latter libelled both the two other vessels. The District Court dismissed the libel against the steamer, but decreed for the libellants against the John Fraser, $3,902.67, being the amount paid for repairs to the James Gray, and also a sum for demurrage.
The case was carried up to the Circuit Court, where additional evidence was taken, and the judge reversed so much of the decree of the District Court as condemned the ship John Fraser in damages, and affirmed the judgment in favor of the steamer. The libel was therefore dismissed, with costs. An appeal brought the case up to this court.
It was argued on behalf of the appellants by Mr. Cushing and Mr. Gillet, on behalf of the owners of the John Fraser by Mr. Brown, and on behalf of the steamer General Clinch by Mr. Mitchell.
The counsel for the libellants contended that the James Gray was not in fault, and of course had a right to recover damages from somebody; that the steamer and the Fraser were both to blame, for many reasons; and that if the court should think that the James Gray committed any fault, then the other two vessels should be responsible for half of the damage.
The counsel for the steamer contended that the James Gray was to blame; but if some one had to pay the damages, it should be the John Fraser.
The counsel for the latter vessel contended also that the James Gray was in fault; but if any one had to pay the damages, it should be the steamer.
To follow the arguments through all these various ramifications, would require more space than can be allotted to the case.
Mr. Chief Justice TANEY delivered the opinion of the court.
Notes[edit]
This work is in the public domain in the United States because it is a work of the United States federal government (see 17 U.S.C. 105).
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