Slyfield v. Penfold
Court of Appeals for the Sixth Circuit
Appeal from the District Court of the United States for the Southern Division of the Western District of Michigan. The appellants are the owners of the tug E. D. Holton, of Frankfort, Mich., which together with the tug Alice M. Campbell, of the same place, was libeled by A. E. Banks, the owner of the schooner Annie O. Hanson, for the negligent grounding of that vessel in the early morning oí May 15, 1891, at the entrance to the harbor of Frankfort.
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Appeal from the District Court of the United States for the Southern Division of the Western District of Michigan. The appellants are the owners of the tug E. D. Holton, of Frankfort, Mich., which together with the tug Alice M. Campbell, of the same place, was libeled by A. E. Banks, the owner of the schooner Annie O. Hanson, for the negligent grounding of that vessel in the early morning oí May 15, 1891, at the entrance to the harbor of Frankfort. The owners of the E. D. Holton and the Hanson came to a settlement of the claim against the Holton. Penfold, the appellee, owner of the Alice M.…
1Opinion of the CourtSwan, District Judge
(after stating the facts as above). The record leaves no doubt that, but for the willful obstruction of the Alice M. Campbell by the E. D. Holton, the stranding of the Hanson, and necessarily upon the facts stated the stranding and consequent damage of the Campbell, would not have occurred. The argument of the appellants, while formally denying the Holton’s misconduct, rests their appeal mainly upon two grounds: (1) That the Hanson was aground before the Campbell made fast to her, and in the attempt to release her the Campbell voluntarily assumed the risk of injury, stimulated by the hope of…
2Cases cited7 opinions
- Milwaukee & Saint Paul Railway Co. v. KelloggSupreme Court of the United States · 1877
- Metallic Compression Casting Co. v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1872
- The Elizabeth JonesSupreme Court of the United States · 1884
- Salisbury v. HerchenroderMassachusetts Supreme Judicial Court · 1871
- Star of HopeSupreme Court of the United States · 1870
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3Cited by3 opinions
- Bradley v. SullivanCourt of Appeals for the Sixth Circuit · 1913
- Matheny v. Tennessee Valley AuthorityDistrict Court, M.D. Tennessee · 2007
- Penfold v. SlyfieldMichigan Supreme Court · 1896