AUGUSTUS LORD, LIBELLANT AND APPELLANT,

v.

THE STEAMBOAT ISAAC NEWTON, HER TACKLE, &C., DANIEL DREW, CLAIMANT

Citator

Cited By

• The Martello, 153 U.S. 64 (U.S. 1894)
  …an a quarter of a mile away, it is not unreasonable to require that she reduce her speed to the lowest point consistent with a good steerage way, which the court finds in this case to be three miles an hour. The Southern Belle, (Culbertson v. Shaw,) 18 How. 584; The Bay State, (McCready v. Goldsmith,) 18 How. 89. Further than this, however, the court found (7) that “ about a minute or two after hearing the horn, the officers of the Martello saw the barkentine, Freda A. Willey, looming in sight through the…
• Davidson S.S. Co. v. United States, 205 U.S. 187 (U.S. 1907)
  …to take the care which under the special circumstances of the case a reasonable and prudent man would take, and the omission of that care constitutes negligence. It was said by Mr. Justice McLean, delivering the opinion in Culbertson v. Shaw et al., 18 How. 584, 587: “When a steamer is about to enter a harbor great caution is required. There being no usage as to an open way; the [*194] vigilance is thrown upon the entering vessel. Ordinary care, under such circumstances, will not excuse a steamer for a wr…
• The "Clara.", 102 U.S. 200 (U.S. 1880)
  …no fault whatsoever, of omission or commission, is imputable to the “ Clara.” It is true it was. her duty, under the circumstances, to enter-the breakwater and .proceed to her anchorage with the greatest care and circumspection. Culbertson v. Shaw, 18 How. 584. Whether; there was any failure on her part to comply with this requirement is not shown, .But the maxim applies, quod non apparet-non est. The fact not appearing is presumed not to exist. The libellants brought the case into court and thus assumed…