Weeks v. Wilson Transit Co.
Court of Appeals for the Sixth Circuit
Appeal from the District Court of the United States for the Eastern District of Michigan. This was a libel by Charles H. Weeks and others against the steamer Olympia, of which the Wilson Transit Company is claimant, to recover damages for a collision. Tills is a case of collision between the schooner John Sherman and the steamer Olympia. It occurred about 4 p. m., May 8,1891, on Detroit river. The da.y was bright, and there was neither wind nor sea.
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Appeal from the District Court of the United States for the Eastern District of Michigan. This was a libel by Charles H. Weeks and others against the steamer Olympia, of which the Wilson Transit Company is claimant, to recover damages for a collision. Tills is a case of collision between the schooner John Sherman and the steamer Olympia. It occurred about 4 p. m., May 8,1891, on Detroit river. The da.y was bright, and there was neither wind nor sea. The Olympia was bound np the river, and was on the American side, when the colliding vessels came in sight. The Sherman was hound down the river,…
1Opinion of the CourtLurton, Circuit Judge
(after stating tlie facts as above). We quite agree with the district judge “that the proof acquits both the Sherman and the Olympia of the omission of any measure which would have averted or mitigated the collision after the breaking of the latter’s wheel rope.” The collision being, on the clear weight of the evidence, inevitable, after the Olympia’s tiller rope broke, the judgment must depend upon her responsibility for that mishap. Was that the result of inevitable or unavoidable accident? The case must turn upon the answer. The maritime law is well settled that when a collision occurs…
2Cases cited8 opinions
- Parrot v. Wells, Fargo & Co.Supreme Court of the United States · 1873
- Richmond & Danville Railroad v. ElliottSupreme Court of the United States · 1893
- The Morning LightSupreme Court of the United States · 1865
- The TitaniaDistrict Court, S.D. New York · 1883
- Hurley v. The Lizzie FrankDistrict Court, S.D. Alabama · 1887
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3Cited by48 opinions
- Canadian Northern Ry. Co. v. SenskeCourt of Appeals for the Eighth Circuit · 1912
- Cranberry Creek Coal Co. v. Red Star Towing & Transp. Co.Court of Appeals for the Second Circuit · 1929
- City of Chicago v. M/v Morgan, Kindra Lake Towing, L.P., and Kindra Lake Towing, Inc.Court of Appeals for the Seventh Circuit · 2004
- The OhioCourt of Appeals for the Sixth Circuit · 1898
- Atkins v. LorentzenCourt of Appeals for the Fifth Circuit · 1964
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