The Anna C. Minch
Court of Appeals for the Second Circuit
Appeals from the District Court of the United States for the Western District of New York. Suits in admiralty by William M. Tashenberg and another and by the American Steamship Company against the steamer Anna C. Minch ; the Kinsman Transit Company, claimant. Decrees for respondent, and libelants appeal.
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Appeals from the District Court of the United States for the Western District of New York. Suits in admiralty by William M. Tashenberg and another and by the American Steamship Company against the steamer Anna C. Minch ; the Kinsman Transit Company, claimant. Decrees for respondent, and libelants appeal. These causes are brought to recover for injuries done by the Minch to the steamer Wiekwire and the boat Tashenberg Bros, (severally owned by libel-ants), when, on March 27,1916, the Minch went adrift in the Buffalo river (or creek) and, drifting with the current, collided with the Wiekwire…
1Opinion of the CourtHough, Circuit Judge
(after stating the facts as above). It is perhaps unfortunate that so many terms have been used by the courts for describing the kind of excuse presented at bar for inflicting upon an innocent sufferer what the law'ordinarily calls a tort. “Accident” is a very plastic word. Ætna, etc., Co. v. Vandecar, 86 Fed. 285, 30 C. C. A. 48. Vis major, or the act of God (Southern Pacific Co. v. Schuyler, 135 Fed. 1015, 68 C. C. A. 409) has been thought to be identical in meaning with inevitable accident (Bouv. Law Dict., sub nom “Vis major”). The phrase “pure accident” (The Transfer No. 19, 194 Fed. at…
2Cases cited10 opinions
- Weeks v. Wilson Transit Co.Court of Appeals for the Sixth Circuit · 1894
- The LackawannaCourt of Appeals for the Second Circuit · 1913
- Ætna Life Ins. v. VandecarCourt of Appeals for the Eighth Circuit · 1898
- Muller v. Globe & Rutgers Fire Ins. of New YorkCourt of Appeals for the Second Circuit · 1917
- The Edmund MoranCourt of Appeals for the Second Circuit · 1910
5 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Petitions of the Kinsman Transit Company, as Owner and Operator of the Steamer MacGilvray Shiras, and of Midland Steamship Line, Inc., as Owner and Operator of the Steamer Michael K. Tewksbury, Their Engines, Etc., for Exoneration From or Limitation of Liability, City of Buffalo, Claimant-Respondent-Appellant, Kelley Island New York Corporation, Claimants-AppelleesCourt of Appeals for the Second Circuit · 1964
- In re Kinsman Transit Co.Court of Appeals for the Second Circuit · 1964
- Sabine Towing Co. v. BrennanCourt of Appeals for the Fifth Circuit · 1934
- Swenson v. The Argonaut the Estelle. The SusanCourt of Appeals for the Third Circuit · 1953
- Nunley v. M/V Dauntless ColocotronisCourt of Appeals for the Fifth Circuit · 1989
14 more not listed; retrieve them via the Exa API.