The Rival

Decided March 15, 1846

Massachusetts District Court · decided 1846-03-15

This was a libel for collision. By consent, Captains Caleb Curtis and Samuel Quincy, were called as experts, somewhat analogous to the trinity masters in the admiralty in England, to whom questions were put, and answers were returned, as follows; On the 27th of November. 1845, the brig Rival, of 214 tons, with a cargo of molasses, arrived in the port of Boston, and was anchored by the pilot nearly off the end of Long wharf, about one hundred and twenty-five fathoms…

Decided 1846-03-15

SPRAGUE, District Judge.

¶1Upon the facts of this case, and the answers of the experts, it appears that both vessels were to blame. In such case, it is the settled doctrine of the admiralty, that the whole damage should be equally divided between the two vessels. I think that the Rival was most in fault, and that she ought therefore to bear all the costs. The Woodrop-Sims. 2 Dod. 83; De Vaux v. Salvador, 4 Adol. & E. 420; Shee, Abb. Shipp, tit. “Collision”; 17 Law Mag. 327: The Monarch, 2 Month. Law Mag. 607; The De Cock, 5 Month. Law. Mag. 303; Reeves v. The Constitution [Case No. 11,659]; Story, Bailm. $ 608a; 3 Kent, Comm. 231.

¶2Decree accordingly.