In the case of Russell Sturgis, claimant of the steam-tug Hector, her tackle and etc., impleaded with the ship Wisconsin, her tackle and etc. v. Herman Boyer, Albert Woodruff and Jeremiah R. Robinson owners of the lighter Republic libellants in 1860; The Supreme Court held that a tugboat was liable for damages caused to a lighter when it negligently collided with it while attempting to tow it away from danger during an emergency situation on navigable waters. The court found that although there was no contract between them at all times prior to or after this incident occurred they were still bound by maritime law as both vessels were navigating public waters which made them subject to certain duties towards each other regardless if any agreement existed between them or not.

In the case of Russell Sturgis, claimant of the steam-tug Hector, her tackle, &c., impleaded with the ship Wisconsin, her tackle, &c., appellants v. Herman Boyer et al., owners of the lighter Republic libellants (hereinafter referred to as “the Case”), a dissenting opinion was issued by Justice Nelson. In his dissent he argued that there should have been an award for damages made in favor of Sturgis due to negligence on behalf of Boyer and Woodruff who were operating the lighter Republic at sea when it collided with Sturgis' tugboat Hector. He further argued that since they had failed to exercise reasonable care while navigating their vessel and caused damage to another's property through their negligence then they should be held liable for any resulting damages. Furthermore he stated that although no specific amount could be determined from this particular case due to lack evidence presented in court regarding value or extent of damage done; nevertheless some form compensation ought still be awarded given these circumstances as well as precedent set forth by other similar cases previously decided upon by higher courts.