Pacific Coast Co. v. Jenkins
Court of Appeals for the Ninth Circuit
Appeal from the District Court of the United States for the Northern Division of the Western District of Washington. The appellee filed a libel against the steamship City of Seattle, her engines and boilers, tackle, apparel, and furniture, and against Norman Nicholson, master of said vessel, for damages caused to the appellee by reason of the alleged negligence of the master of said vessel. „ The appellee alleges that he is a minister of the town of Ketchikan., in the…
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Appeal from the District Court of the United States for the Northern Division of the Western District of Washington. The appellee filed a libel against the steamship City of Seattle, her engines and boilers, tackle, apparel, and furniture, and against Norman Nicholson, master of said vessel, for damages caused to the appellee by reason of the alleged negligence of the master of said vessel. „ The appellee alleges that he is a minister of the town of Ketchikan., in the District of Alaska; that on the 10th day of October, 1904, the steamship City of Seattle, engaged as a common carrier of…
1Opinion of the CourtGilbert, Circuit Judge
The appellants, by their answer, admit that the vessel in her regular course touched at the wharf at Ketchikan; that no objection was made to persons coming on board to visit passengers while she was there; that before leaving the wharf a warning whistle was always sounded; and that the appellee boarded the vessel with their implied permission. The substance of their affirmative defense is that the appellee had ample opportunity, after the whistle was sounded, to have left the vessel, and that, when the master became aware of his presence, it was then not feasible to land him, for the reason…
2Cases cited8 opinions
- Railway Co. v. LawtonSupreme Court of Arkansas · 1892
- Griswold v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1885
- Coleman v. Georgia Railroad & Banking Co.Supreme Court of Georgia · 1889
- St. L., I. M. & S. Ry. Co. v. FairbairnSupreme Court of Arkansas · 1886
- Orcutt v. Northern Pacific RailroadSupreme Court of Minnesota · 1891
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3Cited by4 opinions
- Aurora Shipping Co. v. BoyceCourt of Appeals for the Ninth Circuit · 1911
- Zaia v. "Italia" Societa Anonyma di NavigazioneMassachusetts Supreme Judicial Court · 1949
- The General De SonisDistrict Court, W.D. Washington · 1910
- Rutledge v. a & P Boat Rentals, Inc.District Court, W.D. Louisiana · 1986