Walker v. Dun

Citations

• 123 U.S. 349
• 31 L. Ed. 175
• 8 S. Ct. 159
• 1887 U.S. LEXIS 2178

Syllabus

<p>APPEALS FROM TOE CIRCUIT COURT OF THE UNITED STATES FOR FOR DISTRICT OF MARYLAND.</p> <p>The findings of fact in a cause in admiralty under the act of February 10, 1875, 18 Stat. 315, bare the same effect as a special verdict in an action at law.</p> <p>Rule 24 in § 4233 Rev. Stat. applies only when there is some special cause rendering a departure necessary to avoid immediate danger, such as the nearness of shallow water, or a concealed rock, the approach of a third vessel, or something of that kind. [See p. 353 for this rule.]</p> <p>Where one ship has, by wrong manceuvres, placed another ship in a position of extreme danger, that other ship will not be held to blame, if she has done something wrong, and has not been manoeuvred with perfect skill and presence of mind.</p> <p>The allowance of interest and costs in a cause in admiralty rests in the discretion of the court below, and its action will not be disturbed on appeal.</p>