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THE PROPELLER BURLINGTON, 137 U. S. 386 (1890)

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U.S. Supreme Court

The Propeller Burlington, 137 U.S. 386 (1890)

The Propeller Burlington

No. 783

Submitted December 1, 1890

Decided December 15, 1890

137 U.S. 386

APPEAL FROM THE CIRCUIT COURT OF THE UNITED

STATES FOR THE EASTERN DISTRICT OF MICHIGAN

Syllabus

The libellant in an Admiralty suit, owner of a barge lost through alleged negligence in the propeller towing it, obtained a decree against the offending vessel in the circuit court on appeal valuing it at $5,300 and adjudging that he recover of the claimants (owners) and also against the sureties on the appeal bond, $2,422.28 for his own damages by loss of the barge and freight, and $2877.72 as trustee for the owners of the lost cargo. Claimants appealed to this Court. After this appeal was taken claimants commenced a new suit in admiralty in the district court, in which a decree was obtained valuing the vessel at $7,000 and distributing this amount to the libellant in this suit and to other sufferers. In this new distribution, libellant was awarded $4,658, instead of $5,300.

Held:





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