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The" Sterling" and The" Equator"

The “Sterling” and the “Equator.”

The" Sterling" & The" Equator", 106 U.S. 647 (1882)
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Court
Supreme Court of the United States
Decided
November 18, 1882
Docket
No. 49
Judges
Waite
Citations
106 U.S. 6471 S. Ct. 8927 L. Ed. 981882 U.S. LEXIS 1597
Cited by 22 2 descriptions by later courts
Headnotes
1. A decree against two vessels at fault should he, not in solido for the full amount of damages sustained by the libellant, but severally against each' for one-half of his damage and costs, any balance which he shall be unable to enforce against either vessel to be paid by the other or its stipulators, to the extent of her stipulated value beyond the moiety due from her. 2. Inasmuch as the form of the decree was not in this ca.se called to the attention of the Circuit Court, the parties are required to pay their respective costs in this court. .
Summary
Appeal from the Circuit Court of the United States for the District of Louisiana. , The case is stated in the opinion of the court.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion — Waite

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

This was a suit in admiralty against the ship “ Sterling ” and tow-boat “ Equator,” for damages sustained by the bark “ Sif ” in a collision. Both the ship and tow-boat were found to be in fault, and they were condemned in solido for the whole amount of the' loss. From a decree to that effect this appeal was taken.

It is conceded that upon the facts found the owners of the “ Sif ” are entitled to a decree against the ship and the towboat, as both were in fault. The well-established rule in such cases- is to apportion the damages equally between the two offending vessels, the right being reserved to the libellant to colléct the entire amount from either of them to the extent of her stipulated value, in case of the inability of the other to respond for her portion..

The Washington and The Gregory, 9 Wall. 513 ;

The Alabama and The Gamecock, 92 U. S. 695 ;

The Virginia Ehrman and The Agnese, 97 id. 309;

The City of Hartford and The Unit, id. 323. As in this case the decree was against both vessels for the full amount of the loss, it should be modified so as to be against the “ Sterling ” and the *648 “ Equator,” and their respective stipulators, severally, each for one-half of the entire damage and costs, any balance of such half. Which the libellant shall not be able to enforce against either vessel to be paid by the other vessel or her stipulators, so far as her stipulated value extends. As it does not appear from the record. that the attention of the' court below was called to this objection to the form of the decree, each party will be required to pay his own costs in this court.

Decree reversed, and cause remanded with instructions to enter a new decree in accordance with this opinion, adding interest to the date of such entry.

How later courts describe this case

Explanatory parentheticals written by citing courts — 2 in all; the most informative distinct ones are shown.

Cited by 22 cases

View all citing references →
1883–1884: 11889–1890: 11893–1894: 11897–1898: 11901–1902: 11907–1908: 11911–1912: 21929–1930: 11935–1936: 21941–1942: 11951–1952: 11967–1968: 21971–1972: 11977–1978: 11981–1982: 21987–1988: 21995–1996: 118832026peak 1911 · 2

Relies on it most ⓘ

  1. Coats v. Penrod Drilling Corp.61 F.3d 1113 (5th Cir. 1995)
  2. The Grecian78 F.2d 657 (2d Cir. 1935)
  3. Simeon v. T. Smith & Son, Inc.852 F.2d 1421 (5th Cir. 1988)
  4. Empire Seafoods, Inc. v. Anderson398 F.2d 204 (5th Cir. 1968)
  5. Paducah Towing Company, Inc. v. Paducah Towing Company, Inc.692 F.2d 412 (3d Cir. 1982)
  6. United States v. Paducah Towing Co.692 F.2d 412 (6th Cir. 1982)

Most recent

  1. Coats v. Penrod Drilling Corp.61 F.3d 1113 (5th Cir. 1995)
  2. Jules Simeon, Sr., and Ida Mae Griffin Simeon, Wife of Jules Simeon, Sr. v. T852 F.2d 1421 (5th Cir. 1988)
  3. Simeon v. T. Smith & Son, Inc.852 F.2d 1421 (5th Cir. 1988)
  4. Paducah Towing Company, Inc. v. Paducah Towing Company, Inc.692 F.2d 412 (3d Cir. 1982)
  5. United States v. Paducah Towing Co.692 F.2d 412 (6th Cir. 1982)
  6. Bangor & Aroostook Railroad v. the Ship Fernview455 F. Supp. 1043 (D. Me. 1978)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 2

DepthCaseCited by
The " Ala. " & the " Game-Cock.", 92 U.S. 695 (1876) 61
The Wash. & the Gregory, 76 U.S. (9 Wall.) 513 (1870) 32

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