The John Fretter

U.S. Circuit Court for the District of Michigan

The John Fretter

13 F. Cas. 672

CourtU.S. Circuit Court for the District of Michigan

DecidedJuly 1, 1876

DocketCase No. 7,342

StatusPublished

This text of 13 F. Cas. 672 (The John Fretter) is published on Counsel Stack Legal Research, covering U.S. Circuit Court for the District of Michigan primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

The John Fretter, 13 F. Cas. 672 (circtdmi 1876).

Pincite

Opinion

SWAYNE, Circuit Justice.

Where there is no lookout, the fault is of the grossest character, and every doubt relating to the consequences is to be resolved against the tug. It is impossible, in the nature of things, that the captain can perform properly his other duties and also that of the lookout, and he must not attempt it. A crew is not competent without a lookout, either on tugs or steamers. If there be none, the tug cannot avoid hei responsibility by the oaths of the captain or crew, if there be the slightest doubt as to the spring-head of the catastrophe.

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SWAYNE, Circuit Justice.

Where there is no lookout, the fault is of the grossest character, and every doubt relating to the consequences is to be resolved against the tug. It is impossible, in the nature of things, that the captain can perform properly his other duties and also that of the lookout, and he must not attempt it. A crew is not competent without a lookout, either on tugs or steamers. If there be none, the tug cannot avoid hei responsibility by the oaths of the captain or crew, if there be the slightest doubt as to the spring-head of the catastrophe.

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Bluebook (online)

13 F. Cas. 672, Counsel Stack Legal Research, https://law.counselstack.com/opinion/the-john-fretter-circtdmi-1876.