Hall v. Chisholm

Citations

• 117 F. 807
• 1902 U.S. App. LEXIS 4468

Syllabus

<p>1. Admiralty—Libel of Beview—Power to Entertain.</p> <p>A court of admiralty may entertain a libel of review to correct its decree after the expiration of the term, where the petitioner is shown to be free from fraud or negligence in the matter, and the entering of the decree shows such fraud, or its equivalent, in effect, upon the rights of the petitioner, as to require the remedial action of the court upon' principles of justice.</p> <p>2. Same—Setting Aside Decree Inadvertently Entered.</p> <p>Where a decree dismissing a libel was inadvertently entered by the clerk, no order having been made by the judge, although he had indicated his intention to dismiss, and the fact of the entry was not known to the judge or counsel until after the close of the term and the expiration of the time for appeal, the court properly entertained a libel of review to set such decree aside, with a view of re-entering the same as of a later date, to preserve libelant’s right of appeal.</p> <p>8. Collision—Overtaking Steamer and Baft—Negligent Navigation.</p> <p>A raft of logs 2,000 feet long was being towed down the St. Clair river by three tugs, one of which was in front, to guide the forward end. An overtaking steamer was attempting to pass on the American side, when the head of the raft, reaching a bend in the river, came close to the shore, and the steamer, striking the land, sheered, and ran into it with such force as to break the boom sticks, and scatter the logs. Held, that the steamer was in fault for not being under better control, which was required in view of the manifest danger of collision; that the navigators of the raft were also in fault, it appearing that the forward tug was not making proper effort to keep the head of the raft off from the shore.</p>