United States Supreme Court Cases & Opinions

U.S. Supreme Court

McCready v. Goldsmith, 59 U.S. 18 How. 89 89 (1855)

McCready v. Goldsmith

59 U.S. (18 How.) 89

Syllabus

Where a large steamer was coming down Long Island Sound on a foggy morning with a speed of sixteen or seventeen miles per hour in the direct track of the coasting trade, and ran down a vessel which was lying at anchor, the weather being perfectly calm, the steamer was grossly in fault.

The vessel at anchor cannot be considered in fault for omitting to have horns blown or empty barrels beaten. The usage that this is done in such a case is not established, and moreover it is doubtful whether such a precaution would have been of any service.

The case is stated in the opinion of the Court.

The district court decreed that the collision was caused by the fault, want of precaution, and blamable conduct of the persons on board of and managing each of the vessels, and ordered the damages to be borne in equal moieties by them. Both parties

Page 59 U. S. 90

appealed to the circuit court. MR. JUSTICE NELSON reversed the decree of the district court and ordered that the libellants should recover against The Bay State the sum of $6,411, with interest from the 8th of October, 1849, and costs in both courts.

An appeal from this decree brought the case up to this Court.