The Eugene F. Moran, 212 U.S. 466 (1909)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
The Eugene F. Moran, 212 U.S. 466 (1909)
The Eugene F. Moran* Nos. 87 , 88 Argued January 22, 25, 1909 Decided February 23, 1909 212 U.S. 466
CERTIFICATES FROM THE CIRCUIT COURT OF
APPEALS FOR THE SECOND CIRCUIT
Syllabus
Where two tugs and two scows in tow of one of the tugs are all in fault for a collision, each of the four vessels is liable for an equal share of the damages, and the liability is to be so apportioned even if more than one of the vessels are owned by the same person.
Sturgis v. Boyer, 24 How. 110, followed to the effect that a tug having control of a vessel in tow is solely responsible for damages to the other vessel caused by the tug alone.
Fiction, not being a satisfactory ground for taking one man’s property to satisfy another man’s wrong, should not be extended.
The fact that vessels are tied together in a flotilla does not make the flotilla a unit in proceedings in rem.
In a proceeding in rem where several vessels are found in fault, each bears its share, regardless of ownership, and notwithstanding this rule results in charging one who owns more than one of the vessels with a larger proportion than he would be charged in a personal suit against himself and the owners of the other vessels.
When a duty is imposed for the purpose of preventing a certain consequence, its breach’s not leading to that consequence does not make a defendant liable for the tort of a third person merely because the observance of the duty might have prevented that tort.
Questions certified in 154 F. 54 answered.
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Chicago: U.S. Supreme Court, "Syllabus," The Eugene F. Moran, 212 U.S. 466 (1909) in 212 U.S. 466 212 U.S. 472. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=C7YKY3DCGF9NZUA.
MLA: U.S. Supreme Court. "Syllabus." The Eugene F. Moran, 212 U.S. 466 (1909), in 212 U.S. 466, page 212 U.S. 472. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=C7YKY3DCGF9NZUA.
Harvard: U.S. Supreme Court, 'Syllabus' in The Eugene F. Moran, 212 U.S. 466 (1909). cited in 1909, 212 U.S. 466, pp.212 U.S. 472. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=C7YKY3DCGF9NZUA.
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