The R. R. Rhodes v. Fay
Court of Appeals for the Sixth Circuit
Appeal from the District Court of the United States for the Western District of Michigan. On the night of Saturday, the 31th of August, 1894, about 11 o’clock, the steamer It. R. Rhodes, laden with a cargo of 1,827 tons of iron ore, while going at her full speed of 8% miles an hour, ran upon a rocky reef off the north end of the South JTox Island, in Rake Michigan. She remained fast, and at her bow drew 15 inches of water less than before she was stranded.
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Appeal from the District Court of the United States for the Western District of Michigan. On the night of Saturday, the 31th of August, 1894, about 11 o’clock, the steamer It. R. Rhodes, laden with a cargo of 1,827 tons of iron ore, while going at her full speed of 8% miles an hour, ran upon a rocky reef off the north end of the South JTox Island, in Rake Michigan. She remained fast, and at her bow drew 15 inches of water less than before she was stranded. Her keel and planking were so injured that, after she was towed into Chicago, it cost oyer $4,000 to repair them. The reef was from †1>-…
1Opinion of the CourtTaft, Circuit Judge
(after stating the facts). We do not think that we ought to disturb the decree of the district court in this casi;. The action of the court in allowing salvage is one involving judicial discretion, and an appellate court will not set aside the result of the exercise of that discretion by the tidal court unless it has been manifestly abused, — unless, as Chief Justice Marshall expresses it, in The Sybil, 4 Wheat. 98, the award of the district court is so grossly excessive as to shock the conscience of the appellate court. The Comanche, 8 Wall. 448; Hobart v. Drogan, 10 Pet. 108; The Phœnix, 8…
2Cases cited10 opinions
- The BlackwallSupreme Court of the United States · 1870
- The CamancheSupreme Court of the United States · 1869
- Samuel B. Hobart and Others, of the Brig Hope and Cargo v. Andrew Drogan and Others, LibellantsSupreme Court of the United States · 1836
- The SybilSupreme Court of the United States · 1819
- Sinclair v. CooperSupreme Court of the United States · 1883
5 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- The S. C. SchenkCourt of Appeals for the Sixth Circuit · 1907
- Merritt & Chapman Derrick & Wrecking Co. v. United StatesCourt of Appeals for the Fourth Circuit · 1924
- Atlantic Towing Co. v. The CalicheDistrict Court, S.D. Georgia · 1942
- The Western StarDistrict Court, W.D. Wisconsin · 1907
- Central Wharf Towboat Co. v. United StatesDistrict Court, D. Maine · 1924
5 more not listed; retrieve them via the Exa API.