Faust v. City of Cleveland
Court of Appeals for the Sixth Circuit
Appeal from the District Court of the United States for the Eastern Division of the Northern District of Ohio. This is a libel in personam against the city of Cleveland, a municipal corporation of the state of Ohio.
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Appeal from the District Court of the United States for the Eastern Division of the Northern District of Ohio. This is a libel in personam against the city of Cleveland, a municipal corporation of the state of Ohio. The libelant is the owner of the steam tug Crown Prince, which came into collision with a snag or other submerged obstruction in that part of the navigable river Cuyahoga, lying within the corporate limits of the municipality, and constituting a part of the harbor, and was sunk and totally lost as a consequence. It is averred that the municipality was under a duty to keep the…
1Opinion of the Court
LURTON, Circuit Judge,
after making the foregoing statement of the case, delivered "the opinion of the court.
There is no averment that the city either caused or contributed to the creation of the obstruction in the river. If, therefore, it is liable to the libelant, it is because it was under .some positive duty to remove the submerged object when notice was received of its existence. The argument for libelant is that the river within the limits of the city is a “highway,” within the meaning of section 2640, Rev. St. Ohio 1892, defining the duties of Ohio municipalities. It is as follows:
“The…
2Cases cited11 opinions
- County of Mobile v. KimballSupreme Court of the United States · 1881
- Barnes v. District of ColumbiaSupreme Court of the United States · 1876
- Workman v. New York CitySupreme Court of the United States · 1900
- The Mayor, C. of Albany v. . CunliffNew York Court of Appeals · 1849
- Mayor v. SheffieldSupreme Court of the United States · 1867
6 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Petitions of the Kinsman Transit Company, as Owner and Operator of the Steamer MacGilvray Shiras, and of Midland Steamship Line, Inc., as Owner and Operator of the Steamer Michael K. Tewksbury, Their Engines, Etc., for Exoneration From or Limitation of Liability, City of Buffalo, Claimant-Respondent-Appellant, Kelley Island New York Corporation, Claimants-AppelleesCourt of Appeals for the Second Circuit · 1964
- In re Kinsman Transit Co.Court of Appeals for the Second Circuit · 1964
- Grice v. Clearwater Timber Co.Idaho Supreme Court · 1911
- Great Lakes Towing Co. v. Kelley Island Lime & Transport Co.Court of Appeals for the Sixth Circuit · 1910
- Maryland ex rel. Pryor v. MillerCourt of Appeals for the Fourth Circuit · 1911
5 more not listed; retrieve them via the Exa API.