Reports of Cases Determined in the Circuit Court of the United States for the First Circuit, from April Term, 1858, to [May Term, 1878] ... by Hon. Nathan Clifford ... William Henry Clifford ... Reporter ...Little, Brown,, 1869 - Law reports, digests, etc |
From inside the book
Results 1-5 of 62
Page 75
... collision . The steamer is prima facie chargeable if she fails in this , and a collision occurs . If the sailing vessel fails to keep her course , the fault will in general be attributable to her , provided it appears that under the ...
... collision . The steamer is prima facie chargeable if she fails in this , and a collision occurs . If the sailing vessel fails to keep her course , the fault will in general be attributable to her , provided it appears that under the ...
Page 76
... collision , the mate put up the helm of the schooner for the purpose of saving the lives of those on board . The schooner was struck by the steamer's bow , on her starboard and windward quarter , about ten feet from her taffrail , and ...
... collision , the mate put up the helm of the schooner for the purpose of saving the lives of those on board . The schooner was struck by the steamer's bow , on her starboard and windward quarter , about ten feet from her taffrail , and ...
Page 77
... collision took place . Dam- ages are claimed on the part of the schooner , on the ground that the collision is chargeable to the fault of the steamer , and the answer admits the collision and the loss , but denies that it was the fault ...
... collision took place . Dam- ages are claimed on the part of the schooner , on the ground that the collision is chargeable to the fault of the steamer , and the answer admits the collision and the loss , but denies that it was the fault ...
Page 78
... collision would not have occurred . Allowing that the schooner was sailing five or six knots and the steamer about ten miles an hour , it is a reasonable calcula- tion that they were approaching each other say at the rate of fifteen ...
... collision would not have occurred . Allowing that the schooner was sailing five or six knots and the steamer about ten miles an hour , it is a reasonable calcula- tion that they were approaching each other say at the rate of fifteen ...
Page 79
... collision was inevitable irrespective of any change of course that was or could have been made . Be- fore the master left the deck he directed the mate , on arriving near Montauk Point , to steer east for Block Island ; and it is ...
... collision was inevitable irrespective of any change of course that was or could have been made . Be- fore the master left the deck he directed the mate , on arriving near Montauk Point , to steer east for Block Island ; and it is ...
Common terms and phrases
admiralty admitted affreightment agent agreed agreement alleged Amoskeag Manufacturing Company amount answer appears application appraisers authority bill of complaint Boston bottomry Cahoon cargo charge Charles Goodyear charter-party Circuit Court circumstances claim CLIFFORD collector collision common law complainant consignee Constitution construction contract corpus delicti counsel course court of equity crew damages decision decree defendant discharge District Court dollars duty effect entitled equity evidence fact filed freight granted Greenl held insisted intention invoice judgment jurisdiction jury libellants lien machine manufactured Martha Washington Massachusetts master mate ment merchandise mortgage opinion owners parties patent payment person plaintiff plea pleaded port prisoner profits proposition purchase question reason referred regulations respect respondent rule sailing says schooner ship statement Steamboat steamer sufficient suit Supreme Court testimony tion trial United vessel voyage warehouse Westernport wharf witness writ of right
Popular passages
Page 120 - ... to establish a defence on the ground of insanity, it must be clearly proved that at the time of the committing of the act the party accused was laboring under such a defect of reason, from disease of the mind, as not to know the nature and quality of the act he was doing; or, if he did know it, that he did not know he was doing what was wrong.
Page 129 - ... as if the executor or administrator had voluntarily made himself a party to the suit...
Page 118 - ... doing, a knowledge and consciousness that the act he is doing is wrong and criminal, and will subject him to punishment. In order to be responsible he must have sufficient power of memory to recollect the relation in which he stands...
Page 11 - Section 8 of the act provides " that if any person or persons shall commit upon the high seas, or in any river, haven, basin or bay, out of the jurisdiction of any particular State...
Page 22 - is deserving of the highest credit, because it is presumed to flow from the strongest sense of guilt, and therefore it is admitted as proof of the crime to which it refers...
Page 578 - A liberal construction should be placed upon written Instruments, so as to uphold them, if possible, and carry into effect the Intention of the parties.
Page 15 - ... to falsify the matter wherein the perjury is assigned, without setting forth the bill, answer, information, indictment, declaration, or any part of any record or proceeding, either in law or equity, or any affidavit, deposition, or certificate, other than as hereinbefore stated, and without setting forth the commission or authority of the court or person before whom the perjury was committed.
Page 11 - April, 1790,(i) provides that "If any person or persons shall commit upon the high seas, or in any river, haven, basin or bay, out of the jurisdiction of any particular state, murder or robbery, or any other offence which if committed within the body of a county, would by the laws of the United States be punishable with death...
Page 541 - That any person or persons having discovered or invented any new and useful art, machine, manufacture, or composition of matter, or any new and useful improvement on any art, machine, manufacture, or composition of matter...
Page 38 - Every man who has a share of the profits of a trade ought also to bear his share of the loss. And if any one takes part of the profit he takes a part of that fund on which the creditor of the trader relies for his payment.