# Smith v. Burnett

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United States Supreme Court
173 U.S. 430
Smith v. Burnett
This is an appeal from the court of appeals for the District of Columbia affirming a decree of the supreme court of the District, sitting in admiralty, whereby appellees, original libelants in the cause, were awarded damages, and a cross libel filed by appellants was dismissed. 10 App. D. C. 469. As stated by the court of appeals, the libel was filed by appellees against appellants for an alleged injury to their vessel, the schooner Ellen Tobin, while moored in berth at appellants' wharf, on the bank of the Potomac, at Georgetown, for the purpose of being loaded by and for appellants; and the injury complained of was averred to have been occasioned by appellants negligently allowing a dangerous rock to remain in the bed of the river, within the limits of the berth at the wharf which the vessel was invited to take, the obstruction being unknown to the master of the vessel, and he having been, moreover, assured by appellants, through their agent, that the depth of water in berth in front of the wharf was sufficient, and that the berth was safe for the loading of the vessel.
The facts, in general, found by that court, were that appellants were lessees of wharf and water rights extending to the channel of the river, and the berth assigned to and taken by the schooner for the purpose of loading was in front of their wharf, and within the leased premises; that appellants were engaged in the business of crushing and shipping stone from the wharf to different points, and that the schooner had been brought up the river, by prearrangement with a ship broker in Georgetown, in order to be loaded by appellants at their wharf with crushed stone, to be taken to Fortress Monroe, in Virginia, to be used in government work at that place; that the vessel was staunch and in good repair, was a three-masted schooner of 600 tons capacity, was registered at the New York custom house as a coasting vessel of the United States, and was owned by appellees at the time of the injury complained of. It was further found 'that the vessel was sunk on [Sunday] the 6th of August, 1893, as she was moored in the berth at the wharf, while receiving her cargo of crushed stone from the wharf by means of a chute extended from the wharf to the hatchway of the vessel. The vessel was about two-thirds loaded, having received about 400 tons of her cargo, before signs were discovered of her distressed condition. She was then taking water so rapidly that the pumps could not relieve her, nor could the extra assistance employed by the master avail to save her from breaking and sinking in the berth. The work of loading was stopped on Saturday evening, with the intention of re uming the work of loading on the following Monday morning; and the captain of the vessel, at the time of stopping work on Saturday, made soundings around the vessel, and supposed that she was then lying all right. But on Sunday morning it was discovered that there was so much water in her that she could not be relieved by her pumps; and by 5 o'clock on the afternoon of that day she had filled with water, and broke in the middle, and sank in her berth, where she remained, with her cargo under water, until the 1st of November, 1893, when the stone was pumped out of her, and she was then condemned as worthless, and was afterwards sold at auction for $25 to one of the owners.' Other findings of fact appeared in the opinion.
Appellants denied all negligence, and insisted that they were in no way responsible for the disaster, and in a cross libel asserted a claim for damages caused by the fault of appellees in allowing the vessel to sink in the river in front of their wharf, and to remain there for an undue time. The evidence was voluminous and conflicting.
R. D. Benedict, Nathaniel Wilson, Jas. S. Edwards, and Job Barnard, for appellants.
Wm. G. Choate, for appellees.
Mr. Chief Justice FULLER, after stating the facts in the foregoing language, delivered the opinion of the court.

## Notes

This work is in the public domain in the United States because it is a work of the United States federal government (see 17 U.S.C. 105).
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