Name: The Dove (91 U.S. 381) — Opinion of the Court
Author: Nathan Clifford

Quotes from The Dove (91 U.S. 381) — Opinion of the Court (Nathan Clifford)

Nathan Clifford, The Dove (91 U.S. 381) — Opinion of the Court

“ New and distinct matters, not included in the original bill or libel, should not be embraced in the cross-suit, as they cannot be properly examined in such a suit, for the reason that they constitute the proper subject-matter of a new original bill or libel. Matters auxiliary to the cause of action set forth in the original libel or bill may be included in the cross-suit, and no others, as the cross-suit is, in general, incidental to, and dependent upon, the original suit. ”

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Source: Wikisource

Nathan Clifford, The Dove (91 U.S. 381) — Opinion of the Court

“ Such efforts are useless, as it is hardly to be expected that the attention of the court, if accustomed to such investigations, can be diverted from the great inquiry in such a case, which of the parties, if either, is responsible for the loss occasioned by the disaster. ”

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Source: Wikisource

Nathan Clifford, The Dove (91 U.S. 381) — Opinion of the Court

“ Efforts, sometimes of a persistent character, are made in controversies of the kind, to establish a theory, which, if true, would show that the respective vessels of the parties never collided, even when it is admitted that the collision did occur at the time and place alleged in the libel, and that the vessel of the complaining party became a total loss. ”

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Source: Wikisource

Nathan Clifford, The Dove (91 U.S. 381) — Opinion of the Court

“ On the part of the propeller, the same views were maintained in the Circuit Court as those urged in the District Court; but the owners of the steamer submitted an additional proposition, to the effect, that, inasmuch as no appeal had been taken from the decree of the District Court in the cross-libel, the libellant in that suit was estopped to deny the charge in the answer to the cross-libel, that the collision was occasioned wholly by the fault of the propeller. ”

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Source: Wikisource

Nathan Clifford, The Dove (91 U.S. 381) — Opinion of the Court

“ Beyond question, the effect of the blow when the collision occurred was to turn the stem of the steamer from the American shore out into the stream. Besides, it also appears that the stem of the steamer was so damaged by the collision that the vessel would not obey her helm against the current; which of itself, it may be, rendered it necessary for the master to change the course of the steamer. ”

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Source: Wikisource

Nathan Clifford, The Dove (91 U.S. 381) — Opinion of the Court

“ Compensation is claimed by the owners of the steamer 'Dove' for damages received by the steamer in a collision, which occurred in St. Clair River, May 31, 1869, between the steamer and the propeller 'Mayflower,' about eleven o'clock in the evening of that day, in which the propeller struck the steamer on her port bow, and caused such injuries to the steamer, that her master found it necessary, in order to prevent her from sinking in deep water, to port her helm, and strand her on the Canada channel-bank of the river. ”

Nathan Clifford

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Quotes from The Dove (91 U.S. 381) — Opinion of the Court (Nathan Clifford)

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Nathan Clifford

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Quotes from The Dove (91 U.S. 381) — Opinion of the Court (Nathan Clifford)

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