Henry Billings Brown

Name: The Packer Scully v. New Jersey Lighterage Company — Opinion of the Court
Author: Henry Billings Brown

The Packer Scully v. New Jersey Lighterage Company…

Summary

“The Packer Scully v. New Jersey Lighterage Company — Opinion of the Court”, is a work by Henry Billings Brown. It explores elements such as Wolverton, finding and Packer.

Quotes from The Packer Scully v. New Jersey Lighterage Company… (Henry Billings Brown)

Henry Billings Brown, The Packer Scully v. New Jersey Lighterage Company…

“ If a circuit court could find as a fact that a collision was due to the falt of one vessel, an appeal to this court would be useless; and, unless the findings set forth all the material facts, the ultimate finding of fault becomes more or less a finding of a fact, when it should be a legal inference from other facts. ”

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Source: Wikisource

Henry Billings Brown, The Packer Scully v. New Jersey Lighterage Company…

“ Whether the starboarding of the Packer was a fault or not would depend largely upon the question whether, assuming that the Wolverton kept her course and maintained her then rate of speed, either vessel would pass the point of intersection before the other reached it. If it were clear that no collision would have occurred had the Wolverton kept her course, then the starboarding of the Packer was not a fault, since the point of intersection would either be ahead or astern of the Packer. But if such starboarding was likely to involve risk of a collision, then of course it was a fault. ”

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Source: Wikisource

Henry Billings Brown, The Packer Scully v. New Jersey Lighterage Company…

“ The circuit court is bound to pass upon and find every material and ultimate fact necessary to a proper determination of the question of liability, and, in case of refusal to make such finding, an exception may be taken thereto, which can be considered by this court upon appeal. ”

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Source: Wikisource

Henry Billings Brown, The Packer Scully v. New Jersey Lighterage Company…

“ Bayne, 18 How. 60, 63, 'if a special verdict be ambiguous or imperfect,-if it find but the evidence of facts, and not the facts themselves, or finds but part of the facts in issue, and is silent as to others,-it is a mistrial, and the court of error must order a venire de novo. They can render no judgment on an imperfect verdict or case stated.'
Under a similar method of procedure in several of the states it is held that the findings must contain all the facts and circumstances necessary to a proper determination of the questions involved ”

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Source: Wikisource

Henry Billings Brown, The Packer Scully v. New Jersey Lighterage Company…

“ The Wolverton seems also to have been at fault for excessive speed. If the officer in charge were satisfied that the signals of the Packer and her apparent starboarding were an error, and involved a risk of collision, it was his duty, under rule 21, to slacken speed before crossing her bows, or, if necessary, to stop, or even to reverse, if it could be done without danger to tow. ”

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Source: Wikisource

Henry Billings Brown, The Packer Scully v. New Jersey Lighterage Company…

“ It would seem, too, the finding that the collision 'seemed unavoidable' could not have had reference to a collision between the Packer and the Atlanta, since the latter was 150 feet astern of the Wolverton, and to bring about a collision between her and the Packer, or the Packer's tow, (which, being lashed along-side, may be treated as identical with the Packer,) it was necessary for the Wolverton to cross from the starboard to the port bow of the Packer, and to drag the Atlanta under the bow of the latter. ”

Henry Billings Brown

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Quotes from The Packer Scully v. New Jersey Lighterage Company… (Henry Billings Brown)

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