Emery
District Court, E.D. Wisconsin
In Admiralty. Dibel in rem for loss of tow, consisting of a combined dredge and pile driver, through the alleged negligence of the tug. The libelant, owning the dredge and pile driver (hereinafter called the pile driver) at Menominee, agreed with Mann Bros., in form, though in fact with Two Rivers Manufacturing Company, claimant, to let it for temporary use of the latter at Ford river, near Escanaba, at $25 per day.
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In Admiralty. Dibel in rem for loss of tow, consisting of a combined dredge and pile driver, through the alleged negligence of the tug. The libelant, owning the dredge and pile driver (hereinafter called the pile driver) at Menominee, agreed with Mann Bros., in form, though in fact with Two Rivers Manufacturing Company, claimant, to let it for temporary use of the latter at Ford river, near Escanaba, at $25 per day. As this use required removal of the pile driver from Menominee to Ford river, down the west shore of Green Bay, in the month of November, the libelant proposed to furnish the tug…
1Opinion of the CourtSeaman, District Judge
(after stating the facts). The testimony is undisputed that the pile driver was taken in tow by the tug for account of Two Rivers Manufacturing Company, owners of the tug, under their contract with the libelant for use of the pile driver at Ford river, so that the loss.occurred under this contract of hire, and not under a particular contract for towage, as charged in one of the articles of the libel. For this reason the respondent contends that the libel must be dismissed, on the proposition that liability of the tug in rem can be predicated only on a contract of towage, and, failing such…
2Cases cited6 opinions
- The John G. StevensSupreme Court of the United States · 1898
- The Steamer SyracuseSupreme Court of the United States · 1871
- The Steamer WebbSupreme Court of the United States · 1872
- The J. P. DonaldsonSupreme Court of the United States · 1897
- The Somers N. SmithDistrict Court, D. Maine · 1903
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Canadian Aviator, Ltd. v. United StatesSupreme Court of the United States · 1945
- Shaw v. Dempsey Sons Barge Co.Court of Appeals for the Third Circuit · 1931
- Southern Towing Co. v. EganCourt of Appeals for the Fourth Circuit · 1910
- The BritanniaDistrict Court, E.D. Virginia · 1906
- The Pacific MaruDistrict Court, S.D. Georgia · 1925
4 more not listed; retrieve them via the Exa API.