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Thorp v. Hammond U.S. 408 (1871)

handle is hein.slavery/ussccases0373 and id is 1 raw text is: TnoitP v. HAMMOND. [Sup. Ct. Statement of the case. TnORP v. HlAIMOND. 1. When a vessel is sailing in close proximity to other vesseB, the fact that her hands are engaged in reefing her mainsail is no sufficient excuse for failure to keep a lookout, or to take such precautions as are needful to avoid collisions. 2. One of several general owners, who sails a vessel on shares, under an arrangement between himself and the other owners, whereby he in effect has become the charterer, hiring his own crew, paying and vict- ualling them, paying half the port charges, retaining half the net freight after the pert charges are taken out, and paying the other half to the general owners, is to be considered the owner pro hac vice, and, as such, is liable personally for a tortious collision with another vessel. 3. Though sued jointly with the other general owners, in a libel which does not describe him as owner pro hac vice, a decree may be made against him alone. APPEAL from the Circuit Court for the Southern District of Noew York, in a libel in personam, for a collision between vessels at sea. The case was thus: By an act of Congress of Mfarch 3d, 1851, it is enacted- Section 3. That the liability of the owners of any vessel for any loss, damage, or injury by collision, occasioned without the privity of such owners, shall in no case exceed the amount or value of the interest of such owners respectively in such vessel and her freight then pending. Section 5. That the charterer of any ship or vessel, in case he or they shall man, victual, and navigate such vessel at his or their own expense, shall be deemed the owner of such vessel, within the meaning of this act ; and such ship or vessel, when so char- tered, shall be liable in the same manner as if navigated by the owners thereof. With this statute in force, three schooners-the Capes, the Huntley, and the Brothers-were sailing towards New York, along the New Jersey coast, not far from Sandy Hook. There was nothing special in the ownership of the first and last named of the vessels. The Huntley, however, was owned by one S. S. Hammond and eight others as gen- eral owners, Hammond alone sailing her; he doing this on

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