SMITH ET AL. v. CONDRY.


42 U.S. 28 (____)

1 How. 28

WALTER SMITH, JOHN CARTER, WILLIAM S. NICHOLLS AND OTHERS, SURVIVORS OF CLEMENT SMITH, DECEASED, PLAINTIFFS IN ERROR, v. DENNIS CONDRY.

Supreme Court of United States.


Mr. Chief Justice TANEY delivered the opinion of the court.

This case arises from a collision in the port of Liverpool, between the barque Tasso, and the ship Francis Depau, in which the latter sustained considerable injury. The vessels were both American; the Francis Depau being owned by the plaintiffs in error, and the Tasso by the defendant.

It appears from the evidence, that at the time the accident happened, the...

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