Pacific Mail Steamship Co. v. The Pacific

Citations

• 3 D. Haw. 29

Syllabus

<p>Negative proposition — Burden of proof: Under tlie pleadings it became necessary to tlie ease for libelant to prove tlie negative proposition that a cable attached to a buoy was not removed by the libellee, and, being without information, and the claimant from the nature of the ease being-in possession of full information on the subject, it was held that the burden of proof was on the claimant to disprove the proposition.</p> <p>Weight of testimony — Diagram: A diagram drawn by a witness to illustrate his testimony is entitled, to more -weight, other things being-equal, than a diagram by counsel and accepted by a witness.</p> <p>Negligence from sunlcen cable — Liability: One placing cables at or near the bottom of waters used for navigation, so that they obstruct navigation, is liable for such damages as may arise thereby to vessels navigating such waters.</p> <p>Contributory negligence — Responsibility of libelant: If the libelant, by his negligence, increased the amount of injury he received, the libellee cannot be held liable for such additional injury, although responsible for the injuries resulting from the first accident.</p> <p>Apportionment — Contributory negligence: Where the injury caused by libelant’s negligence can be separated from that caused by libellee, apportionment must be made and the libellee held liable only for the portion of the total injury caused by its negligence.</p> <p>Same: Where, in the case of contributory negligence, the proportion of damages caused thereby can be definitely ascertained, and is more or less than one-half of the total damages, — in this ease less, — the decree should be in accordance therewith instead of following the general rule of admiralty in such eases of relieving the libellee of one-half of the damages.</p>