The Ardanrose
Citations
- 115 F. 1010
- 1902 U.S. Dist. LEXIS 259
Syllabus
<p>1. Collision — Steamer and Sailing Vessel — Burden of Proof.</p> <p>In case of collision between a sailing vessel and a steamer the presumption of law is that the steamer was in fault, and she has the burden of proof to establish the misconduct of the sailing vessel and her own. proper navigation, or-that the collision resulted from inevitable accident.</p> <p>2. Same — Evidence Considered.</p> <p>When a steamer was coming up the channel in Mobile Bay, she sighted a schooner about 1% miles distant on a tack which would take her across-the channel. The wind was light, and the schooner was not making more than two miles an hour. The schooner did not change her course, and, as she was crossing the channel, which was about 200 feet wide, she was struck by the steamer. The day was clear. Held, on the evidence, that no fault was shown on the part of the schooner, which had an equal right with the steamer in the channel, and that the fault was entirely that of the steamer, which might have avoided the collision by the exercise of proper care, and was in duty bound to do so.</p> <p>¶ 1. See Collision, vol. 10, Cent. Dig. §§' 54, 257.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- vehicle registration and financial records using certain address demonstrated defendant’s usual place of abode, even though at the time of service defendant was temporarily residing with his sister
- “[A] self-serving declaration is 3 generally insufficient to defeat a signed return of service”
- “The receipt of mail at a given 2 address. . . and the use of an address on financial records have all been found to provide indicia 3 of permanence in determining whether an address constitutes a place of usual abode.”
- reaching the same 6 conclusion
Source: CourtListener parenthetical corpus (CC0).
Judges: Toulmin
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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