Pioneer S. S. Co. v. McCann
Court of Appeals for the Sixth Circuit
Appeals from the District Court of the United States for the Northern District of Ohio. Libelant, McCann, claims to have received personal injuries through negligence of the owners and master of the steamship William Payne, for which he seeks to recover $20,000. The Pioneer Steamship Company appeared and executed the usual bond as owner of the ship and filed answer.
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Appeals from the District Court of the United States for the Northern District of Ohio. Libelant, McCann, claims to have received personal injuries through negligence of the owners and master of the steamship William Payne, for which he seeks to recover $20,000. The Pioneer Steamship Company appeared and executed the usual bond as owner of the ship and filed answer. The libel avers, and the answer admits, that on August 21, 1905, the ship was lying alongside the Cleveland & Pittsburg Dock, in the harbor of Cleveland, for the purpose of unloading ore from her holds, and that libelant was one…
1Opinion of the CourtWarrington, Circuit Judge
(after stating the facts as above). So far as concerns the assignments of error made on behalf of the shipowner, they must depend upon the nature and extent of its duty to libelant.
In Gerrity v. The Kate Cann (D. C.) 2 Fed. 241, libelant had been employed by an independent contractor to trim grain in the hold of the ship. At the time of his injury he was sitting in the between-decks, his work having been suspended. While sitting there, a quantity of dunnage and planks. which had been stowed by the crew fell upon him. Benedict, District Judge, said (page 246):
“In regard to the presence of the…
2Cases cited18 opinions
- Bennett v. Railroad Co.Supreme Court of the United States · 1881
- Workman v. New York CitySupreme Court of the United States · 1900
- The Max MorrisSupreme Court of the United States · 1890
- Coughtry v. . Globe Woolen Co.New York Court of Appeals · 1874
- Leathers v. BlessingSupreme Court of the United States · 1882
13 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Roger Johnson v. A/s Ivarans RederiCourt of Appeals for the First Circuit · 1980
- The No. 34.Court of Appeals for the Second Circuit · 1928
- Southern Ry. Co. v. SmithCourt of Appeals for the Sixth Circuit · 1914
- Militano v. United StatesCourt of Appeals for the Second Circuit · 1946
- Grillo v. Royal Norwegian GovernmentCourt of Appeals for the Second Circuit · 1943
18 more not listed; retrieve them via the Exa API.