Pereue v. Hopkins S. S. Co.
Court of Appeals for the Sixth Circuit
Appeal from the District Court of the United States for the Eastern District of Michigan. This case presents cross appeals from a decree in admiralty of the district court for the Eastern district of Michigan. On the early morning- of August 25, 1898, between 2 and 3 o’clock, a collision occurred in the St. Clair river between the steamers J. IX Marshall and Centurion.
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Appeal from the District Court of the United States for the Eastern District of Michigan. This case presents cross appeals from a decree in admiralty of the district court for the Eastern district of Michigan. On the early morning- of August 25, 1898, between 2 and 3 o’clock, a collision occurred in the St. Clair river between the steamers J. IX Marshall and Centurion. The collision occurred at a point near a place called ‘"East China,” some distance above Iticord’s Dock, between Marine City and St. Clair. The night was dark, but;, at Ilie time of the collision, clear, with little wind. The…
1Opinion of the CourtDay, Circuit Judge
(after stating the facts as above). The theory upon which the owners of the Marshall seek to hold the Centurion liable for the collision and its resulting damage is that the Marshall, observing all the requirements of good seamanship on her part, was drawn from her course by reason of the suction of the Centurion passing at a high rate of speed so near to the Marshall as to cause the latter to be strongly deflected from her course, and, by a sudden sheer, which the Marshall could neither prevent nor check, caused to collide with the Centurion. The nature and power of the somewhat undefined…
2Cases cited3 opinions
- Mitchell Transp. Co. v. ChisholmCourt of Appeals for the Sixth Circuit · 1892
- Nester v. The City of ClevelandDistrict Court, E.D. Michigan · 1890
- The DrewDistrict Court, S.D. New York · 1884
3Cited by5 opinions
- Atkins v. LorentzenCourt of Appeals for the Fifth Circuit · 1964
- The AustraliaCourt of Appeals for the Sixth Circuit · 1903
- The FontanaCourt of Appeals for the Sixth Circuit · 1903
- Atkins v. LorentzenCourt of Appeals for the Fifth Circuit · 1964
- Shaver Transp. Co. v. Columbia Contract Co.District Court, D. Oregon · 1913