¶1As the allowance made in this case depends, as to the amount, upon the exercise of sound discretion, I am not inclined to interfere with it A point is made, that the court erred in not charging the cargo with its portion of the amount allowed. No such point is made in the answer; and, besides, the owners of the Delaware were responsible for her seaworthiness, for the want of which the disaster occurred. Decree below affirmed.
7 F. Cas. 393
The Delaware
U.S. District Court
Decided August 5, 1869
U.S. District Court · decided 1869-08-05
[Appeal from the district court of the United States for the southern district of New York.] This was a libel in rem, filed in the district court, to recover damage for rescuing the steamship Delaware from impending peril, while lying off South Edisto island, South Carolina.
Decided 1869-08-05