The Propeller Monticello, John Wilson, Master and Claimant, Appellant v. Gilbert Mollison

Decision Date01 December 1854
PartiesTHE PROPELLER MONTICELLO, JOHN WILSON, MASTER AND CLAIMANT, APPELLANT, v. GILBERT MOLLISON
CourtU.S. Supreme Court

58 U.S. 152
17 How. 152
15 L.Ed. 68
THE PROPELLER MONTICELLO, JOHN WILSON, MASTER AND
CLAIMANT, APPELLANT,
v.
GILBERT MOLLISON.
December Term, 1854

THIS was an appeal from the circuit court of the United States for the northern district of New York.

It was a case of collision, in September, 1850, upon Lake Huron, between a propeller called Monticello, and a schooner called The Northwestern, by which the schooner and her cargo were entirely lost.

In April, 1851, Mollison, the owner of the schooner, libelled the propeller, then lying in the port of Buffalo. Wilson, the master and claimant of the propeller, answered the libel, and much testimony was taken on both sides. In May, 1852, the

Page 153

district judge decreed that the libellant should receive the sum of $6,000, as the value of the schooner, and the further sum of $150, as the value of the salt which constituted the cargo. The case being carried, by appeal, to the circuit court, the decree was affirmed in September, 1853. The master of the propeller appealed to this court.

It was argued by Mr. Gillet, for the appellant, and by Mr. Grant, for the appellee.

Almost all the arguments of counsel were founded upon their different versions of the evidence; and as the substance of this is given in the opinion of the court, the reporter has concluded to omit the views taken of it by the respective counsel.

Mr. Justice GRIER delivered the opinion of the court.

The appellee in this case filed his libel in the district court for the northern district of New York, against the steam-propeller Monticello, in a cause of collision.

The libel sets forth that the libellant is owner of the schooner Northwestern; that on the 15th of September, 1850, the schooner, with a cargo of salt, was on her voyage from the port of Oswego, in New York, to the port of Chicago, in Illinois; that about half-past eight o'clock in the evening, being about ten or twelve miles from Presque Isle, on Lake Huron, and about six miles from land, sailing with a fair breeze, on the course of west-northwest, (the wind being south-southwest,) the sparks from the chimney of the propeller were seen some six miles off. In order to give a 'wide berth' to the approaching vessel, the schooner ported her helm and ran her course a point more to the north. That when from four to six miles apart, a bright light was placed in a conspicuous position on the schooner, and the vessel held steadily to her course, so that the approaching propeller...

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79 cases
  • Rhinehart v. Denver & R.G.R. Co.
    • United States
    • Colorado Supreme Court
    • April 3, 1916
    ... ... 516, 24 Am.St.Rep. 374; ... Propeller Monticello v. Mollison, 17 How. 152, 15 L.Ed. 68; ... ...
  • Haynes v. Yale-New Haven Hosp., YALE-NEW
    • United States
    • Connecticut Supreme Court
    • August 26, 1997
    ... ... appellant (plaintiff) ...         [243 Conn. 19] ... Cf. Hall v. Gilbert & Bennett Mfg. Co., 241 Conn. 282, 302, 695 A.2d ... States Supreme Court in 1854; see Propeller Monticello v. Mollison, 58 U.S. (17 How.) 152, ... limits the amount of benefits that a claimant may recover through underinsured motorist ... ...
  • E. Shore Title Co. v. Ochse
    • United States
    • Court of Special Appeals of Maryland
    • May 31, 2017
  • Kenney v. Liston
    • United States
    • West Virginia Supreme Court
    • July 18, 2014
    ... 233 W.Va. 620 760 S.E.2d 434 John N. KENNEY, Defendant Below, Petitioner v. Samuel ... rule first appeared in America in The Propeller Monticello v. Mollison, 58 U.S. 152, 17 How ...          24. Wilson v. Hoffman Grp., Inc., 131 Ill.2d 308, 320, 137 ... ...
  • Request a trial to view additional results
4 books & journal articles
  • Cruz v. Groth: the exceptional collateral source rule remains exception-free in South Dakota.
    • United States
    • South Dakota Law Review Vol. 55 No. 1, March 2010
    • March 22, 2010
    ...But it is not necessarily reduced by the injured person's getting money or care from a collateral source. Hudson, 217 F.2d at 346. (61.) 58 U.S. 152 (1854) (recognizing that the collateral source doctrine originated as a common law rule and that the tortfeasor could not avail himself to the......
  • Public Policy Considerations Warranting Denial of Reimbursement to Erisa Plans: It's Time to Recognize the Elephant in the Courtroom - Roger M. Baron
    • United States
    • Mercer University School of Law Mercer Law Reviews No. 55-2, January 2004
    • Invalid date
    ...a payment from a collateral source. The "collateral source" rule was recognized by the Supreme Court in Propeller Monticello v. Mollison, 58 U.S. 152 (1854). 155. Id. See also Calvin R. Wright, The Collateral Source Rule in Georgia: A New Method of Equal Protection Analysis Brings a Return ......
  • The Collateral Source Rule After Martinez v. Milburn
    • United States
    • Kansas Bar Association KBA Bar Journal No. 82-2, February 2013
    • Invalid date
    ...for the Kansas Legislature in Its Fight to Abrogate the Collateral Source Rule, 45 Washburn L.J. 135, 137 (Fall 2005). [7] Monticello, 58 U.S. 152, 155 (1855). [8] Id. [9] Marshall and Fitzgerald, supra note 4, at 59. [10] 73 Kan. 553, 85 P. 601 (1906). [11] Id. at 555-56. [12] Christopher ......
  • The Collateral Source Rule After Martinez v. Milburn
    • United States
    • Kansas Bar Association KBA Bar Journal No. 82-2, February 2013
    • Invalid date
    ...for the Kansas Legislature in Its Fight to Abrogate the Collateral Source Rule, 45 Washburn L.J. 135, 137 (Fall 2005). [7] Monticello, 58 U.S. 152, 155 (1855). [8] Id. [9] Marshall and Fitzgerald, supra note 4, at 59. [10] 73 Kan. 553, 85 P. 601 (1906). [11] Id. at 555-56. [12] Christopher ......

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