Jakobsen v. Springer
Court of Appeals for the Fifth Circuit
Appeal from the District Court of the United States for the Eastern District of Louisiana.. This cause arises from a collision on the night of January 27, 1897, between the steam yacht Argo, 101 feet long, 6 feet draft, and the Norwegian steamer Albert Dumois, a freight vessel, 210 feet long, and 17 feet draft, in a straight stretch of the Mississippi river, half a mile wide, and about 80 miles below the city of New Orleans.
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Appeal from the District Court of the United States for the Eastern District of Louisiana.. This cause arises from a collision on the night of January 27, 1897, between the steam yacht Argo, 101 feet long, 6 feet draft, and the Norwegian steamer Albert Dumois, a freight vessel, 210 feet long, and 17 feet draft, in a straight stretch of the Mississippi river, half a mile wide, and about 80 miles below the city of New Orleans. The Argo was under special charter of a newspaper company to make a quick trip to the mouth of the Mississippi river and return. She started about 7 o’clock p. m. on.that…
1Opinion of the CourtPardee, Circuit Judge
(after stating the facts). Prima facie, a collision between an ascending and a descending steamer, in a straight stretch of the Mississippi river, where it is half a mile wide, can only result from gross mismanagement in the handling of both steamers, unless there is intended and carried out a deliberate purpose on the part of the one to run the other down. In case each vessel is anywhere near its proper place, they are necessarily too far apart to make a collision possible. The case in hand is no exception to the rule. It is admitted by the pleadings and shown by tbe evidence that at the…
2Cases cited4 opinions
- The" North Star"Supreme Court of the United States · 1882
- McCullough v. New York & N. Steamboat Co.District Court, S.D. New York · 1893
- The QueenDistrict Court, S.D. New York · 1889
- Philadelphia & R. R. Co. v. Warren Foundry & Machine Co.U.S. Circuit Court for the District of Massachusetts · 1884
3Cited by3 opinions
- Strickland v. NuttLouisiana Court of Appeal · 1972
- The LivingstoneDistrict Court, W.D. New York · 1900
- The ModemiDistrict Court, E.D. Louisiana · 1931