In the case of Nathaniel S. Waring and Peter Dalman, owners of the steamboat De Soto, her tackle, apparel, and furniture v. Thomas Clarke late master of the steamboat Luda and agent of P. T. Marionoux and T. J Abel owners of said Steamboat L., both parties were claiming damages for a collision between their two vessels on a river in South Carolina in 1845 that resulted from negligence on behalf of either party or both parties involved in this incident. The Supreme Court found that there was no evidence to prove which vessel had been negligent so they decided to divide up responsibility equally among all four parties involved; each one would pay an equal portion towards any damages incurred as a result from this collision regardless if it was their fault or not due to lack thereof proof regarding who was at fault for causing it originally .

In the dissenting opinion of this case, Justice McLean argued that the steamboat De Soto was not liable for damages caused by a collision between it and the steamboat Luda. He reasoned that since both vessels were moving at an equal speed when they collided, neither vessel could be held responsible for causing the accident. Furthermore, he noted that there had been no negligence on either side as each captain had taken reasonable precautions to avoid a collision. As such, Justice McLean concluded that neither party should bear responsibility for any resulting losses or damages from the incident.