The Josephine was a case heard by the United States Supreme Court in 1865. The case involved two vessels, the schooner Josephine and the bark Mary Elizabeth, which collided off of Cape Hatteras. The owners of both ships brought suit against each other for damages caused by the collision. In its decision, the court held that when two vessels collide at sea due to negligence on either side, they are jointly liable for any resulting damage or loss suffered as a result of their actions. This means that if one vessel is found to be more negligent than another in causing an accident at sea then it must bear greater responsibility for any losses incurred from such an incident. Furthermore, this ruling established that even though there may have been contributory negligence on both sides prior to a collision occurring between two vessels at sea; only one party can ultimately be held responsible and thus liable for all damages sustained during such an event.

In The Josephine, the Supreme Court was asked to decide whether a vessel that had been captured by Confederate forces during the Civil War and then recaptured by Union forces could be considered a prize of war. In an 8-1 decision, Justice Field delivered the dissenting opinion arguing that since there was no evidence presented in court showing that at any point during its capture or recapture did it become property of either side, it should not be treated as a prize of war. He argued further that under international law vessels are only subject to seizure if they have actually been used for military purposes or are carrying contraband goods. Since neither condition applied here, he concluded that this vessel should not be considered a prize of war and thus must remain with its original owner.