City of Milwaukee v. Kensington S. S. Co.
Court of Appeals for the Seventh Circuit
Appeals from the District Court of the United States for the Eastern District of Wisconsin. Suit in admiralty by the Kensington Steamship Company against the tugs Starke and Welcome, Sophie Meyer and others, claimants, in which the City of Milwaukee'was impleaded. From the decree (182 Fed. 498), libelant and the city both appeal.
Read the full summary
Appeals from the District Court of the United States for the Eastern District of Wisconsin. Suit in admiralty by the Kensington Steamship Company against the tugs Starke and Welcome, Sophie Meyer and others, claimants, in which the City of Milwaukee'was impleaded. From the decree (182 Fed. 498), libelant and the city both appeal. The parties in the court below were the Kensington Company, owner of the Kensington, libelant, the steam tugs Starke and Welcome, Sophie Meyer, Veronica Starke, and William C. Starke, executrix, executor, and trustees of the estate of Conrad Starke (former owner of…
1Opinion of the Court
vSANBORN, District Judge
(after stating the facts as above). [1] 1. We are entirely satisfied that the decision appealed from is fully supported by the evidence, and should not be disturbed, so far as the liability of the city is concerned. The ledge was a dangerous obstruction to navigation. Easily remedied by the maintenance of piles, it was the duty of the city to put them there, and there keep them. Failure to do this was negligence, the proximate cause of the injury. The bridge itself was an obstruction to navigation, permitted only to serve the convenience of commerce on land. Clearly it…
2Cases cited6 opinions
- Clement v. Metropolitan West Side El. Ry. Co.Court of Appeals for the Seventh Circuit · 1903
- Great Lakes Towing Co. v. Kelley Island Lime & Transport Co.Court of Appeals for the Sixth Circuit · 1910
- Vessel Owners' Towing Co. v. WilsonCourt of Appeals for the Seventh Circuit · 1894
- The NonparielDistrict Court, W.D. New York · 1905
- Kelley Island Lime & Transport Co. v. City of ClevelandDistrict Court, N.D. Ohio · 1906
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- City of New Orleans for Use and Benefit of Sewerage and Water Board of New Orleans v. American Commercial Lines, Inc., Etc.Court of Appeals for the Fifth Circuit · 1981
- Complaint of WassonCourt of Appeals for the Seventh Circuit · 1974
- Pennsylvania R. v. Buchanan BoysCourt of Appeals for the Second Circuit · 1946
- Soo Line Railroad v. M/V PolarisDistrict Court, E.D. Wisconsin · 1964
- Complaint of Charles N. Wasson, Doing Business as Wasson Towing Company, Owner of the Motor Vessel Del Rio, and Wasson Towing Service, Inc., Bareboat Charterer of the Motor Vessel Del Rio, for Exoneration From or Limitation of LiabilityCourt of Appeals for the Seventh Circuit · 1974
2 more not listed; retrieve them via the Exa API.