McGill v. Michigan S. S. Co.
Court of Appeals for the Ninth Circuit
Appeal from the District Court of the United States for the Northern District of California. The appeal in this case is taken from a decree in a proceeding to limit and determine the liability of the Michigan Steamship Company for injuries arising from the explosion of a fuel oil tank on its steamer nrogreso, on December 3, 1902. During the summer of that year the steamship company, under a contract with the Fulton Iron Works, whereby the latter had agreed to convert the…
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Appeal from the District Court of the United States for the Northern District of California. The appeal in this case is taken from a decree in a proceeding to limit and determine the liability of the Michigan Steamship Company for injuries arising from the explosion of a fuel oil tank on its steamer nrogreso, on December 3, 1902. During the summer of that year the steamship company, under a contract with the Fulton Iron Works, whereby the latter had agreed to convert the Progreso from a coal-carrying and coal-burning steamship into an oil carrier and burner, moored the Progreso at the dock of…
1Opinion of the CourtGilbert, Circuit Judge
It is the contention of the appellants that the Michigan Steamship Company was negligent in using oil of.the quality of that which it used, and especially in putting oil into the fuel tank before the installation of ventilators in the tank, and that, if the tank had been supplied with the ventilators universally used in such fuel oil tanks, there could have been no explosion under the circumstances • disclosed in the evidence, and 'that the employés of the iron works had the right to rely on the belief that the tank was properly ventilated, arid that otherwise oil would not be placed in it.…
2Cases cited21 opinions
- Milwaukee & Saint Paul Railway Co. v. KelloggSupreme Court of the United States · 1877
- Brown v. PiperSupreme Court of the United States · 1875
- Insurance Co. v. BoonSupreme Court of the United States · 1877
- The Main v. WilliamsSupreme Court of the United States · 1894
- Norwalk Gaslight Co. v. Borough of NorwalkSupreme Court of Connecticut · 1893
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3Cited by33 opinions
- Coryell v. PhippsSupreme Court of the United States · 1943
- 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
- Waterman Steamship Corporation v. Gay Cottons, United States of America and Shalom Baby WearCourt of Appeals for the Ninth Circuit · 1969
- Johnson v. Kosmos Portland Cement Co.Court of Appeals for the Sixth Circuit · 1933
- The Erie Lighter 108District Court, D. New Jersey · 1918
28 more not listed; retrieve them via the Exa API.