Legal Opinion

The Kalkaska

Court of Appeals for the Seventh Circuit

Decided April 9, 1901No. Nos. 725, 726PublishedCited by 7 opinions

In Admiralty. Appeals from the District Court of the United States for the Northern District of Illinois. On September 17, 1898, the steamer Kalkaska departed the port of Duluth hound for the port of Chicago, having in tow, in the order named, the barge Aloha and the schooners J. H. Mead and Mediator. The Kalkaska was a vessel of 178 feet keel and 33.10 beam, and of 555 net tonnage-,. and able to carry an average cargo of 750,000 feet of lumber.

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In Admiralty. Appeals from the District Court of the United States for the Northern District of Illinois. On September 17, 1898, the steamer Kalkaska departed the port of Duluth hound for the port of Chicago, having in tow, in the order named, the barge Aloha and the schooners J. H. Mead and Mediator. The Kalkaska was a vessel of 178 feet keel and 33.10 beam, and of 555 net tonnage-,. and able to carry an average cargo of 750,000 feet of lumber. At this time she was laden with lumber, having a deck load of from 14 to 16.feet above the rail, and was drawing 14.6 feet water aft and 13.10 feet…

1Opinion of the Court

JENKINS, Circuit Judge,

after the foregoing statement of the case delivered the opinion of the court.

An engagement to tow imposes neither an obligation to insure nor the liability of a common carrier, but it does demand that the engagement shall be met “with that degree of caution and skill which prudent navigators usually employ in similar service.” The Webb, 14 Wall. 406, 20 L. Ed. 774; The J. P. Donaldson, 167 U. S. 599, 17 Sup. Ct. 951, 42 L. Ed. 292. The tows were under the supreme control of the Kalkaska so far as to enable her to fulfill her contract of towage, and they had the right to…

2Cases cited2 opinions

  1. The Steamer WebbSupreme Court of the United States · 1872
  2. The J. P. DonaldsonSupreme Court of the United States · 1897

3Cited by7 opinions

  1. The W. G. MasonCourt of Appeals for the Second Circuit · 1905
  2. The Marie PalmerDistrict Court, S.D. Georgia · 1911
  3. The AlleghenyCourt of Appeals for the Third Circuit · 1918
  4. The Sea LionDistrict Court, N.D. California · 1926
  5. The BritanniaDistrict Court, E.D. Virginia · 1906

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