Western Transit Co. v. Benham
Court of Appeals for the Sixth Circuit
Appeal from tbe District Court of tbe United States for tbe Eastern Division of tbe Northern District of Obio. This was a libel for collision filed by C. E. Benbam against tbe steamer Fountain City (tbe Western Transit Company, owner and claimant). There was a decree for libelant. Claimant appealed. This was an appeal in admiralty.
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Appeal from tbe District Court of tbe United States for tbe Eastern Division of tbe Northern District of Obio. This was a libel for collision filed by C. E. Benbam against tbe steamer Fountain City (tbe Western Transit Company, owner and claimant). There was a decree for libelant. Claimant appealed. This was an appeal in admiralty. O. E. Beuliam, the owner of the steam-tug Samson, filed his libel in the district court for the northern district of Ohio against the steamship Fountain City, to recover damages for a collision. His libel averred that about 1:30 o’clock on the morning of the 10th…
1Opinion of the Court
TAFT, Circuit Judge,
after stating the case, delivered tbe opinion of tbe court.
It is assigned for error that tbe district judge called to bis assistance a nautical assessor, who was a captain of long experience in sailing the lakes. It has been tbe practice in this circuit, and par: tieularly in that court over which so experienced and able an admiralty judge as Mr. Justice Brown presided for nearly 20 years, for tbe district judge to call to his assistance navigators of experience as nautical assessors. It was based on tbe practice, followed by tbe English admiralty judges, of advisiug with…
2Cases cited3 opinions
- Northern Steamship Co. v. BrownCourt of Appeals for the Sixth Circuit · 1894
- The HypodameSupreme Court of the United States · 1868
- The NorthfieldDistrict Court, S.D. New York · 1870
3Cited by6 opinions
- The George W. RobyCourt of Appeals for the Sixth Circuit · 1901
- The EleanoreCourt of Appeals for the Sixth Circuit · 1918
- Reilly v. United StatesDistrict Court, D. Rhode Island · 1988
- Cities Service Oil Co. v. The S.S. Sea WindCourt of Appeals for the Second Circuit · 1957
- Cities Service Oil Company, as Chartered Owner and Owner Pro Hac Vice of the S.S. Winter Hill, Libellant-Appellant v. The S.S. Sea Wind, Her Engines, Boilers, Etc., Seatraders, Inc., as Owner of the S.S. Sea Wind, Cross-Libellant-Appellee v. Cities Service Oil Company, as Chartered Owner and Owner Pro Hac of the S.S. Winter Hill, Cross-Respondent-AppellantCourt of Appeals for the Second Circuit · 1957
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