Doe v. Columbia Contract Co.
Court of Appeals for the Ninth Circuit
Appeal from District Court of the United States for the District of Oregon; Charles E. Wolverton, Judge. Libel by the Columbia Contract Company against the steamship George W. Elder, her engines, etc., claimed by Charles P. Doe, who filed a stipulation, with the United States Fidelity & Guaranty Company as surety, upon which the vessel was delivered. There was a decree for libelant, and claimant appeals.
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Appeal from District Court of the United States for the District of Oregon; Charles E. Wolverton, Judge. Libel by the Columbia Contract Company against the steamship George W. Elder, her engines, etc., claimed by Charles P. Doe, who filed a stipulation, with the United States Fidelity & Guaranty Company as surety, upon which the vessel was delivered. There was a decree for libelant, and claimant appeals. The facts in this case, as the court below found them to be, are in substance as follow's: The Columbia Contract Company was engaged in transporting rock down the Columbia river to Ft.…
1Opinion of the CourtGilbert, Circuit Judge
(after stating the facts as above). [1] It seems clear that the Kern was at fault in the first instance in not signaling her consent to the first passing signal of the Elder. The Kern and her tow lay in the channel way and at least 1,000 feet from the Washington shore. There was ample room for the Elder to pass to starboard, without danger to the Kern or her tow. The only reason which Moran, the pilot of the Kern, assigned for answering with the danger signal, was that the Elder was headed directly for him, and that there was going to be a collision, and that he could see no evidence that the…
2Cases cited10 opinions
- The NacoocheeSupreme Court of the United States · 1890
- The Blue JacketSupreme Court of the United States · 1892
- The FannieSupreme Court of the United States · 1871
- St. Louis & S. F. R. Co. v. United StatesCourt of Appeals for the Eighth Circuit · 1909
- The LivingstoneCourt of Appeals for the Second Circuit · 1902
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3Cited by6 opinions
- Harbor Towing Corporation v. Tug RelianceDistrict Court, E.D. Virginia · 1963
- Tidewater Associated Oil Co. v. United StatesDistrict Court, S.D. California · 1945
- Multnomah County v. Hammond Lumber Co.Court of Appeals for the Ninth Circuit · 1935
- Selig v. BrindleCourt of Appeals for the Ninth Circuit · 1923
- The Norman BridgeCourt of Appeals for the Second Circuit · 1926
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