title:
John W McAllep, Libellant and Appellee vs. The British Bark ' Latona ', Respondent and Appellant, In Admiralty, Supplemental brief of Appellant
creator:
The British Bark ' Latona '
contributor:
Joseph F. McNaught
contributor:
C. H. Hanford
contributor:
John H. McGraw
date:
1888-01-01
publisher:
Supreme Court of the Territory of Washington
type:
Civil
subject:
Admiralty
language:
eng
format:
application/pdf
description:
Prior History: APPEAL in Admiralty from the District Court holding terms at Seattle. Third District.John W. McAllep, owner of the steamer Underwriter, libelled the British bark Latona, for damages arising out of a collision between the bark and steamer, which occurred in the bay at Port Townsend, on January 21, 1885, and which resulted in the total loss of the steamer. There was a decree for the libellant, from which the claimant appealed. All the material facts appear in the opinion of the court.Collision - Between Steam and Sail - Abandonment of the Injured Vessel - Damages - A sailing vessel of 800 tons burden was overtaking a steamer of six tons burden, which blew its whistle and awaited the vessel's approach at a sufficient distance from its course to avoid collision. The vessel had no lookout, and, when nearly opposite the steamer, suddenly changed her course, collided with the steamer, and then resumed her course, making no effort to save the sinking steamer's crew: Held, that the vessel was liable for the damages to the steamer, for the expenses of endeavoring to raise it, and for personal injuries to the crew.Appeal - Requisites - Notice - Under the appeal act of 1883, providing that the Supreme Court shall hear all causes removed to it on the merits, disregarding technicalities, where a notice of appeal describes the decree appealed from, which was rendered October 7th, as of date October 1st, the error will be disregarded, it not appearing that there was any other decree in the cause.Same - Requisites - Statement of facts - Section 3 of such act, relating to the manner of settling and certifying a statement of facts on appeal, is permissive, and does not affect the juridiction of the Supreme Court; and such statement may be certified by the lower court after appeal is perfected.
relation:
British Bark Latona v. McAllep, 3 Wash. Terr. 332b (1888)
relation:
19 P. 131B
rights:
These materials are public records. Please see Washington State Court Rules: General Rules 31 for details https://www.courts.wa.gov/court_rules/pdf/GR/GA_GR_31_00_00.pdf
