Upton v. Whitaker
Court of Appeals for the Sixth Circuit
.Appeal from the District Court of the -United States for the Eastern District of ■ Michigan. Suit in admiralty by Charles Whitaker and others, owners of the steamer Whitaker, against the steamer Gault, Frank S. Upton, claimant. Decree for libelants, and claimant appeals. In Detroit river, a few miles below Detroit, is situated an artificially improved channel in connection with what is known as the “Lime Kiln Crossing.” In May, 1907, the improvement work was in progress.
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.Appeal from the District Court of the -United States for the Eastern District of ■ Michigan. Suit in admiralty by Charles Whitaker and others, owners of the steamer Whitaker, against the steamer Gault, Frank S. Upton, claimant. Decree for libelants, and claimant appeals. In Detroit river, a few miles below Detroit, is situated an artificially improved channel in connection with what is known as the “Lime Kiln Crossing.” In May, 1907, the improvement work was in progress. In that part of the channel here involved, the range lines indicated upon the charts, for the information of navigators,…
1Opinion of the CourtDenison, Circuit Judge
(after stating the facts as above). We are satisfied that the Gault cannot escape blame. The finding of the District Judge was that the collision occurred1 in the lower and wider part of the channel, and as the result óf¡the Gault’s sudden and inexcusable sheer. This conclusion would end all controversy; but we prefer to rest the liability of the Gault *653upon a somewhat broader ground, and one which is not complicated, as the other is, by a great mass oí conflicting testimony, but depends on the undisputed facts. The vessels had in due time exchanged signals, and had agreed upon a meeting port'…
2Cases cited4 opinions
- The City of New YorkSupreme Court of the United States · 1893
- Lake Erie Transp. Co. v. Gilchrist Transp. Co.Court of Appeals for the Sixth Circuit · 1906
- The AtlantisCourt of Appeals for the Sixth Circuit · 1903
- Lehigh Valley Transp. Co. v. ChisholmCourt of Appeals for the Sixth Circuit · 1907
3Cited by1 opinion
- Western Transit Co. v. Davidson S. S. Co.Court of Appeals for the Sixth Circuit · 1914