Legal Opinion

Firemen's Charitable Ass'n v. Ross

Court of Appeals for the Fifth Circuit

Decided December 12, 1893No. 146PublishedCited by 7 opinions

Appeal from the District Court of the United States for the Eastern District of Louisiana. ' This was a libel by Firemen’s Charitable Association against Wm. Ross & Co., owners of the steamship European, for salvage. The lower court dismissed the libel, and libelant appeals. The steamship European, having taken on board a cargo of cotton and grain at the docks of New Orleans, left that city on the 27th of May, 1891, for a voyage to ports of Europe.

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Appeal from the District Court of the United States for the Eastern District of Louisiana. ' This was a libel by Firemen’s Charitable Association against Wm. Ross & Co., owners of the steamship European, for salvage. The lower court dismissed the libel, and libelant appeals. The steamship European, having taken on board a cargo of cotton and grain at the docks of New Orleans, left that city on the 27th of May, 1891, for a voyage to ports of Europe. Within a few hours after leaving the dock, and when about 90 miles down the river, a fire was discovered in the 'cotton between decks, upon the…

1Opinion of the Court

LOCKE, District Judge,

(after stating the facts.) The question in this case is whether the service rendered by the Firemen’s Association exceeded the duty imposed upon it by its employment in the public service. In determining this question it is necessary to examine the relation existing by contract and agreement between it and the city, and ascertain what that duty was. The ordinances of the city of Kew Orleans in regard to the employment of a fire department consisted of a. General Ordinance Ko. 7,34-6 of the Ad ministration Series, enacted September 28, 1881, providing for the obtaining of…

2Cases cited3 opinions

  1. Murphy v. SulioteU.S. Circuit Court for the District of Louisiana · 1880
  2. Davey v. The Mary FrostU.S. Circuit Court for the District of Eastern Texas · 1876
  3. Bowers v. The EuropeanDistrict Court, S.D. Florida · 1890

3Cited by7 opinions

  1. Markakis v. S/S VOLENDAMDistrict Court, S.D. New York · 1980
  2. Three States Lumber Co. v. BlanksCourt of Appeals for the Sixth Circuit · 1904
  3. Thornton v. the Livingston RoeDistrict Court, S.D. New York · 1950
  4. Tug Blarney, LLC v. Ridge Contracting, Inc.District Court, D. Alaska · 2014
  5. Manley v. NicodemisenDistrict Court, D. Massachusetts · 1957

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