Patton-Tully Transp. Co. v. Memphis Power Boat Club
Court of Appeals for the Sixth Circuit
Appeal from the District Court of the United States for the Western District of Tennessee; John E. McCall, Judge. Dihel by the Memphis Power Boat Club against the steamer Bart Tully, claimed and owned by the Patton-Tully Transportation Company. From a judgment holding both parties at fault and dividing the damages, the owner appeals. Just above the city of Memphis, the Wolf river flows into the Mississippi.
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Appeal from the District Court of the United States for the Western District of Tennessee; John E. McCall, Judge. Dihel by the Memphis Power Boat Club against the steamer Bart Tully, claimed and owned by the Patton-Tully Transportation Company. From a judgment holding both parties at fault and dividing the damages, the owner appeals. Just above the city of Memphis, the Wolf river flows into the Mississippi. A short distance above the junction point, and in the edge of the city, and where the Wolf is running south, are located some sawmills and similar establishments. The logs here cut arc…
1Opinion of the CourtDenison, Circuit Judge
(after stating the facts as above). [1] 1. The alleged injuries to the pontoons were by a ship to a floating structure. They constitute maritime torts, and admiralty has jurisdiction. The Blackheath, 195 U. S. 361, 25 Sup. Ct. 46, 49 L. Ed. 236; Atlantic Co. v. Imbrovek, 234 U. S. 52, 34 Sup. Ct. 733, 58 L. Ed. 1208, 51 L. R. A. (N. S.) 1157; The Mackinaw (D. C.) 165 Fed. 351.
[2] 2. The boat club did not appeal from the decree finding in fault; but that question must be met and passed before we can decide that it was solely in fault- — which proposition is the basis of the transportation…
2Cases cited4 opinions
- Atlantic Transport Co. of W. Va. v. ImbrovekSupreme Court of the United States · 1914
- The BlackheathSupreme Court of the United States · 1904
- Western Union Tel. Co. v. Inman & I. Steamship Co.Court of Appeals for the Second Circuit · 1894
- The MackinawDistrict Court, D. Oregon · 1908
3Cited by3 opinions
- Hoof v. Pacific American FisheriesCourt of Appeals for the Ninth Circuit · 1922
- Interlake Iron Corp. v. Gartland S. S. Co.Court of Appeals for the Sixth Circuit · 1941
- The Jim & BillDistrict Court, E.D. New York · 1933