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Supreme Court· 3/28/1870

The Fairbanks

Citations

  • 76 U.S. 420
  • 19 L. Ed. 708
  • 9 Wall. 420
  • 1869 U.S. LEXIS 980

Syllabus

<p>Direct and positive oral testimony on a libel for collision between a steamier and a brig, going to show that the brig kept properly on her course, at least until the collision became inevitable, will not be controlled by the fact that the shape of the wound on the steamer tended to show that the brig could not have been at the instant of collision on such course, but must have changed it; it being possible enough that the shape of the wound was produced by a change in the brig’s course, made, in the last moment, to avoid a collision rendered, in truth, unavoidable by the steamer’s erroneous manmuvres, near the same time.</p>

Judges: Clifford

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