William Howard Taft,
Eastern Transportation Company v…
“ The declaration that the leaving of a wreck in a navigable channel in a place dangerous to passing steamers without notice of the danger and without immediate removal is unlawful, makes such omission a maritime tort which, if merchant vessels of the United States are to respond in tort, may be recovered for in its admiralty courts against the United States without anomaly. ”
William Howard Taft,
Eastern Transportation Company v…
“ In view of the fact that the wreck which did the damage was a total loss, we assume that there is no res upon which a recovery in rem could be based, and therefore that a suit as between private persons, if maintainable, must rest on the personal liability of the owner of the wreck and must be in principle in personam, as distinguished from an action in rem against the vessel wrecked. ”
William Howard Taft,
Eastern Transportation Company v…
“ The United States is exempted from giving any bond, but it assumes liability to satisfy and decree in any cause in which a vessel of the United States has been arrested or in which a vessel previously possessed, owned or operated by the United States has been arrested in which the United States is interested and of which it desires release as suggested by the Attorney General. ”
