The Alabama and the
| Citation | 92 U.S. 695,23 L.Ed. 763 |
| Decision Date | 01 October 1875 |
| Docket Number | GAME-COCK |
| Parties | THE 'ALABAMA' AND THE '' |
| Court | United States Supreme Court |
APPEAL from the Circuit Court of the United States for the Southern District of New York.
The case was argued by Mr. Edwards Pierrepont for the 'Alabama,' by Mr. W. R. Beebe for the 'Game-cock,' and by Mr. John E. Parsons for the libellant.
Without entering upon a discussion of the evidence in this case, it is sufficient to say, that, having carefully examined the same, we see no reason to be dissatisfied with the conclusions of fact arrived at by the District and Circuit Courts. On the question of blame, the conclusion is, that both the 'Alabama' and the 'Game-cock' were in fault, and contributed to the loss; and that the 'Ninfa,' which was in tow of the 'Game-cock,' and suffered the loss, was not in fault. On this finding arises the question of law which is of principal interest in the case; namely, against whom, and in what manner, should the damage be adjudged? The 'Alabama' was a large steamer, and was bonded for $100,000; whilst the 'Game-cock' was a small tug, bonded at the stipulated value of $10,000. The loss was found to be about $80,000. The District Court rendered a decree against both for the whole, regarding them as liable in solido. The Circuit Court, on appeal, reversed this decree, and divided the loss between them, rendering a decree against each for one-half the amount. The court adopted this division of liability in obedience to the supposed views of Dr. Lushington, in the case of The Milan, 1 Lush. 404, which was followed in the case of the steamboat 'Atlas,' both by the District and Circuit Courts of the Southern District of New York. 4 Ben. 27; 10 Blatch. 459. The theory which underlies this decision seems to be, that the 'Game-cock' and her tow, the 'Ninfa,' being moved by one power, are to be regarded as one vessel, the same as a ship and her cargo; and that the two combined, whatever be their mutual relations to each other, are, as regards the 'Alabama,' affected by the fault of the tug; and that those vessels on the one side, and the 'Alabama' on the other, according to the admiralty rule in collision cases, must each bear half of the damage. The rule has been thus applied when the ship and her cargo constituted one opposing force, and a single ship the other; the entire damage to ships and cargo being equally divided between the two ships. Where both ship and cargo on one side belong to the same owners, the case is no way different from that of the two ships alone being injured. And even so long as the ship having cargo is able to respond to half the loss, no difficulty...
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