Bishop v. United States

Decided March 29, 1886

United States Court of Claims · decided 1886-03-29

The Reporters’ statement of the case : The court found the following distinctive fact, otherwise the case was identical with that of Symonds (ante): The U. S. S. Minnesota is one of the training-ships of the United States Navy, and has been such for more than ten years last past. She has been since the time this claim accrued stationed in New York Harbor, and cruises and moves about under her own power.

Decided 1886-03-29

Weldon, J.,

¶1delivered the opinion of the court:

¶2This case, embracing' as it does substantially the same facts as the case of Symonds, was submitted in connection with that case.

¶3In the Symonds Case (ante) it was insisted that the ship was not in a condition to perform all the duties of sea service, and therefore could not in law be engaged in that service, but in this case the character and condition of the ship eliminates that question as a point in controversy. The court having in the Symonds Case adjudicated principles of law which embrace in legal effect the facts of this case, it is the judgment of the court that the petitioner recover from the defendants the sum of $816.58.