Legal Opinion

The George Presley

Court of Appeals for the Sixth Circuit

Decided October 8, 1901No. 887PublishedCited by 6 opinions

Appeal from the District Court of the United States for the Eastern District of Michigan. In Admiralty. About midday, in a substantially, straight channel of the St. Clair river, the steamer Yakima came into collision with the schooner Helvetia, both receiving considerable injuries. The navigable channel of the river is substantially 1,800 feet wide.

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Appeal from the District Court of the United States for the Eastern District of Michigan. In Admiralty. About midday, in a substantially, straight channel of the St. Clair river, the steamer Yakima came into collision with the schooner Helvetia, both receiving considerable injuries. The navigable channel of the river is substantially 1,800 feet wide. From shore to shore its width is' about 2,100 feet The witnesses in general refer to the banks of the deep-water channel, and not to the visible shore line, and we shall do likewise, unless. specifically mentioned. The Helvetia was one of a tow…

1Opinion of the CourtLurton, Circuit Judge

We have no hesitation in agreeing with the court below as to the fault of the Helvetia. The testimony of her master that she was kept under a port helm until within 300 feet of the American shore before starboarding to come around is an admission of a plain and palpable fault. His anxiety not to make a shorter turn than the J ohnson induced him to hold her up under a port helm until it was impossible to turn in time to avoid a collision with the Yakima, which was plainly seen coming up between the tow and the American shore. The story of the Helvetia’s wheelsman, that he, without orders from…

2Cases cited2 opinions

  1. The " Galatea."Supreme Court of the United States · 1876
  2. The MayumbaDistrict Court, S.D. New York · 1884

3Cited by6 opinions

  1. Western Transit Co. v. Davidson S. S. Co.Court of Appeals for the Sixth Circuit · 1914
  2. Mitchell Transp. Co. v. GreenCourt of Appeals for the Sixth Circuit · 1903
  3. Morrow S. S. Co. v. MorrellDistrict Court, E.D. Michigan · 1949
  4. National Steel Corporation v. Buckeye Steamship CompanyCourt of Appeals for the Sixth Circuit · 1974
  5. National Steel Corp. v. Buckeye Steamship Co.Court of Appeals for the Sixth Circuit · 1974

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