The Hercules
District Court, E.D. Michigan
In Admiralty. The libel, charged the tug with making use of libelant’s wharf, in the city of Detroit, during the months of September and October, 1884. The answer denied the use of the wharf as charged in the libel, and averred that respondent had the use of the wharf at the foqt of Bates street, next above the wharf of the libelant; that occasionally, when vessels were unloading or lying at the wharf next above Bates street, they would tail down or lap somewhat the wharf…
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In Admiralty. The libel, charged the tug with making use of libelant’s wharf, in the city of Detroit, during the months of September and October, 1884. The answer denied the use of the wharf as charged in the libel, and averred that respondent had the use of the wharf at the foqt of Bates street, next above the wharf of the libelant; that occasionally, when vessels were unloading or lying at the wharf next above Bates street, they would tail down or lap somewhat the wharf used by respondent; that respondent, for the convenience of his vessels, when there were no vessels lying at libelant’s…
1Opinion of the CourtBrown, J.
As to whether the tug was actually moored to and made use of libelant’s wharf for the accommodation of her gangplank, the evidence is very conflicting. The testimony of the witness Culver, who was employed by libelant to make a note-of the hours during which the Hercules lay at his wharf, leaves it somewhat uncertain how many times she lay there with her whole length. Indeed, his testimony is not absolutely inconsistent with that of the master of the tug, and the other witnesses, that she actually made use of the wharf but once. At least there is no such preponderance of testimony in favor of…
2Cases cited2 opinions
- Ex Parte EastonSupreme Court of the United States · 1877
- Taylor v. . Atlantic Mutual Insurance Co.New York Court of Appeals · 1867
3Cited by1 opinion
- The DavidsonDistrict Court, D. Rhode Island · 1903