Clement v. Metropolitan West Side El. Ry. Co.
Court of Appeals for the Seventh Circuit
Appeal from the District Court of the United States for the Northern District of Illinois. In Admiralty. This is a libel in personam by the appellant to recover damages sustained by the steamer F. H. Prince in consequence of her collision with the railway bridge of the appellee, respondent below, which spans the South Branch of the Chicago river.
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Appeal from the District Court of the United States for the Northern District of Illinois. In Admiralty. This is a libel in personam by the appellant to recover damages sustained by the steamer F. H. Prince in consequence of her collision with the railway bridge of the appellee, respondent below, which spans the South Branch of the Chicago river. This bridge is known as a “Schurzer Roller Lift Bridge,” connecting the tracks of the elevated railway of the appellee on the east and west sides of the river, and is used exclusively for the passage of elevated trains. The bridge breaks in the…
1Opinion of the CourtJenkins, Circuit Judge
(after stating the facts as above). A bridge spanning a navigable river is an obstruction to navigation tolerated because of necessity and convenience to commerce upon land. Such a structure must be so maintained and operated that navigation may not be impeded more than is absolutely necessary, the right of navigation being paramount. It is incumbent upon the owner that the bridge be so constructed that it may be readily opened to admit the passage of craft, and maintained in suitable condition thereto. It is also his duty to place in charge those who are competent to operate the bridge, to…
2Cases cited7 opinions
- Hennington v. GeorgiaSupreme Court of the United States · 1896
- Escanaba Co. v. ChicagoSupreme Court of the United States · 1883
- Gulf, Colorado & Santa Fé Railway Co. v. HefleySupreme Court of the United States · 1895
- Cushing v. Owners of the Ship John FraserSupreme Court of the United States · 1859
- City of Chicago v. MullenCourt of Appeals for the Seventh Circuit · 1902
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3Cited by58 opinions
- United States v. Norfolk-Berkley Bridge CorporationDistrict Court, E.D. Virginia · 1928
- Folkstone Maritime, Ltd. v. CSX Corp.Court of Appeals for the Seventh Circuit · 1995
- Great Lakes Towing Co. v. Masaba S. S. Co.Court of Appeals for the Sixth Circuit · 1916
- Dorrington v. City of DetroitCourt of Appeals for the Sixth Circuit · 1915
- Pennsylvania Railroad Company v. SS Marie LeonhardtDistrict Court, E.D. Pennsylvania · 1962
53 more not listed; retrieve them via the Exa API.