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The Propeller Monticello, John Wilson, Master and Claimant (Appellant) v. Gilbert Mollison was a case heard before the United States Supreme Court in 1854. The Appellant argued that they were entitled to damages for an injury caused by the negligence of the Respondent's vessel while navigating on Lake Michigan. The Appellant claimed that their vessel had been damaged when it collided with a barge owned by the Respondent due to his failure to keep proper lookout or take necessary precautions against collision. The lower court found for the Respondent and dismissed all claims of damage from both parties as neither could prove fault beyond reasonable doubt; however, this decision was appealed to the Supreme Court who reversed it and held that where there is evidence of probable cause for believing one party has acted negligently then they are liable even if no actual fault can be proven beyond reasonable doubt. This ruling established important precedent regarding liability in cases involving collisions at sea which still stands today - namely, that each party must exercise due care so as not to endanger other vessels or persons on board them regardless of whether any actual fault can be proved or not.
In the case of Propeller Monticello, John Wilson, Master and Claimant v. Gilbert Mollison, Justice McLean delivered a dissenting opinion in which he argued that the court should have found for the appellant. He believed that there was sufficient evidence to show that Mollison had acted negligently when his vessel collided with Wilson's propeller boat and caused damage to it. Furthermore, he stated that even if negligence could not be proven on behalf of Mollison then at least some form of liability should still exist due to his failure to exercise reasonable care while navigating near another vessel. In conclusion, Justice McLean felt strongly enough about this issue such that he dissented from the majority opinion and argued for a finding in favor of Wilson as claimant against Mollison as defendant.