The George W. Elder
District Court, D. Oregon
In Admiralty. Suit by the Port of Portland against the steamship George W. Elder to recover for services rendered in raising and1 keeping the Elder in diry dock for and while undergoing repairs. The Elder, while navigating the Columbia river below Portland and near Goble, ran upon a rock and sank. This was in January, 1905. Her owners surrendered her to the underwriters, who, in turn, being unable to raise her, sold her at auction to J. H. Peterson.
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In Admiralty. Suit by the Port of Portland against the steamship George W. Elder to recover for services rendered in raising and1 keeping the Elder in diry dock for and while undergoing repairs. The Elder, while navigating the Columbia river below Portland and near Goble, ran upon a rock and sank. This was in January, 1905. Her owners surrendered her to the underwriters, who, in turn, being unable to raise her, sold her at auction to J. H. Peterson. Peterson subsequently sold an interest in the vessel to Charles P. Doe. In the meantime her registration papers were surrendered. Peterson…
1Opinion of the CourtWoeverton, District Judge
(after stating the facts as above). All the questions of legal import except one have been practically determined upon the exceptions to the libel. 159 Fed. 1005. The remaining question now presented is whether the Elder was a “vessel” within the meaning of the maritime law, rendering her subject to libel in rem for dry-dock charges, although she had been wrecked, abandoned by her owners and underwriters, and her register dosed.
Besides this, there is a question of fact to be determined, which is whether the work of docking the vessel and placing her in alignment suitable to receive her…
2Cases cited3 opinions
- Skinner v. WinsmoreCourt of Appeals for the Third Circuit · 1898
- Coffin v. The ProgressoDistrict Court, E.D. New York · 1891
- National Water Co. v. O'ConnellU.S. Circuit Court for the District of Eastern Pennsylvania · 1908
3Cited by4 opinions
- Arques v. National Superior Co.California Court of Appeal · 1945
- Buck Kreihs Company, Inc. v. The United StatesUnited States Court of Claims · 1970
- In Re Queen Ltd.District Court, E.D. Pennsylvania · 1973
- Advance Welding Co. v. M/V CORRA DDistrict Court, E.D. Louisiana · 1969