McCarthy v. Kent Circuit Judge
Michigan Supreme Court
Mandamus by Michael G. McCarthy to compel William E. Grove, circuit judge of Kent county, to enter judgment in proceedings under the water-craft act in accordance with the findings of a jury. Two steamboats, the Major A. B. Watson and the Trixie, both pleasure boats, collided on Reed’s Lake. The Trixie was injured. Her owner, the relator, brought suit against the Watson under the water-craft act (2 How.
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Mandamus by Michael G. McCarthy to compel William E. Grove, circuit judge of Kent county, to enter judgment in proceedings under the water-craft act in accordance with the findings of a jury. Two steamboats, the Major A. B. Watson and the Trixie, both pleasure boats, collided on Reed’s Lake. The Trixie was injured. Her owner, the relator, brought suit against the Watson under the water-craft act (2 How. Stat. chap. 285). Suit was commenced.by filing a complaint, to which the owner of the Watson filed an answer. Relator demanded a jury, which was ordered. The parties, by consent, agreed to six…
1Opinion of the Court
Grant, O. J.
{after stating the facts). Was the verdict of the jury conclusive and binding upon the court? This is the sole question presented. The statute provides that a “trial or hearing shall be by the court without a jury, unless a jury be demanded by either party. ” Section 8259. Section 8261 is as follows:
“All cases of general average, salvage, and collision, and all cases relating to sailors’ wages or to the employment of seamen, arising under this act, shall be determined upon the trial or hearing, and upon appeal, accord*365ing to the principles established in courts of admiralty and…
2Cases cited6 opinions
- Basey v. GallagherSupreme Court of the United States · 1875
- Brown v. BuckMichigan Supreme Court · 1889
- Dunn v. DunnMichigan Supreme Court · 1863
- Sanderson v. City of ToledoDistrict Court, N.D. Ohio · 1896
- The EmpireDistrict Court, E.D. Michigan · 1884
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- In re Mallary's EstateMichigan Supreme Court · 1901
- McMorran v. MillinokettMichigan Supreme Court · 1916