Supreme Court of the United States, 1882

The" Sterling" and The" Equator"

Supreme Court of the United States · Decided November 18, 1882 · Waite

106 U.S. 647; 1 S. Ct. 89; 27 L. Ed. 98; 1882 U.S. LEXIS 1597 (United States Reports)

Counsel

Mr. J. Warren Ooulston and Mr. .William L. Putnam for the appellant. ■, Mr. Joseph P. Hornor and Mr. William S. Benedict for the • appellee.

Cases that cite this one

23 later published cases cite this decision. The 21 that cite it most often are listed here.

Coats v. Penrod Drilling Corp. (5th Cir. 1995)
The Grecian (2d Cir. 1935)
Simeon v. T. Smith & Son, Inc. (5th Cir. 1988)
Paducah Towing Company, Inc. v. Paducah Towing Company, Inc. (3d Cir. 1982)
United States v. Paducah Towing Co. (6th Cir. 1982)
Bangor & Aroostook Railroad v. the Ship Fernview (District Court, D. Maine 1978)
Strickland v. Nutt (La. Ct. App. 1972)
Empire Seafoods, Inc. v. Anderson (5th Cir. 1968)
Pure Oil Co. v. Zigler (United States District Court Eastern District of Louisiana 1952)
Smith v. Nicholson Transit Co. (District Court, W.D. New York 1941)
The Nonpareil (District Court, S.D. New York 1935)
New York & Porto Rico S. S. Co. v. Lee's Lighters, Inc. (District Court, E.D. New York 1930)
Merchants' & Miners' Transp. Co. v. Robinson-Baxter-Dissosway Towing & Transportation Co. (1st Cir. 1912)
Merchants' & Miners' Transp. Co. v. Robinson-Baxter-Dissosway Towing & Transp. Co. (1st Cir. 1911)
The Maling (United States District Court for the District of Delaware 1901)
Erie Railroad v. Erie & Western Transportation Co. (Supreme Court of the United States 1907)
The Job T. Wilson (District Court, D. Maryland 1897)
Vessel Owners' Towing Co. v. Wilson (7th Cir. 1894)
The Max Morris (Supreme Court of the United States 1890)
The Wm. H. Beaman (District Court, S.D. New York 1883)
The Alabama (U.S. Circuit Court for the District of Southern New York 1874)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

Mr. Chief Justice Waite

delivered the opinion of the court.

This was a suit in admiralty against the ship “ Sterling ” and tow-boat “ Equator,” for damages sustained by the bark “ Sif ” in a collision. Both the ship and tow-boat were found to be in fault, and they were condemned in solido for the whole amount of the' loss. From a decree to that effect this appeal was taken.

It is conceded that upon the facts found the owners of the “ Sif ” are entitled to a decree against the ship and the towboat, as both were in fault. The well-established rule in such cases- is to apportion the damages equally between the two offending vessels, the right being reserved to the libellant to colléct the entire amount from either of them to the extent of her stipulated value, in case of the inability of the other to respond for her portion.. The Washington and The Gregory, 9 Wall. 513; The Alabama and The Gamecock, 92 U. S. 695; The Virginia Ehrman and The Agnese, 97 id. 309; The City of Hartford and The Unit, id. 323. As in this case the decree was against both vessels for the full amount of the loss, it should be modified so as to be against the “ Sterling ” and the *648 “ Equator,” and their respective stipulators, severally, each for one-half of the entire damage and costs, any balance of such half. Which the libellant shall not be able to enforce against either vessel to be paid by the other vessel or her stipulators, so far as her stipulated value extends. As it does not appear from the record. that the attention of the' court below was called to this objection to the form of the decree, each party will be required to pay his own costs in this court.

Decree reversed, and cause remanded with instructions to enter a new decree in accordance with this opinion, adding interest to the date of such entry.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.