United States Supreme Court Cases & Opinions

U.S. Supreme Court

The Merrimac, 81 U.S. 14 Wall. 199 199 (1871)

The Merrimac

81 U.S. (14 Wall.) 199

Syllabus

1. The fact that a steamship is in charge and under the control of a pilot taken on board conformably to the laws of the state is not a defense to a proceeding in rem against her for a tortious collision, the laws of the state providing only that if a ship coming into her waters, refuse to receive on board and pay a pilot, the master shall pay the refused pilot half pilotage, and no penalty for the refusal being prescribed. The China, 7 Wall. 58, affirmed.

2. A steamship of 2000 tons having a tug, each of 500 tons, on each side, condemned as guilty of a rash act for sailing in a place from 70 to 75 feet wide, which was little or no more than the width of the ship and tugs abreast, between a buoy which indicated an entire obstruction of navigation, and a ship aground with a steam tug on each side.

Appeal from the Circuit Court for the District of Louisiana in a case of collision condemning the Merrimac for damages done to the Gladiator.

Page 81 U. S. 200