Lake Michigan Car Ferry Transp. Co. v. Crosby
District Court, E.D. Wisconsin
In Admiralty. Libel in personam to recover the value of a barge chartered to the respondents, and lost while in their possession and use. The libelant was the owner of Barge A, a registered scow of peculiar construction, without sails or other motive power, which was designed for carrying loaded cars, and so used for a time, then adapted for transportation of lumber, and so employed by the libelant, in one instance carrying a return cargo of coal from the Lower Lakes.
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In Admiralty. Libel in personam to recover the value of a barge chartered to the respondents, and lost while in their possession and use. The libelant was the owner of Barge A, a registered scow of peculiar construction, without sails or other motive power, which was designed for carrying loaded cars, and so used for a time, then adapted for transportation of lumber, and so employed by the libelant, in one instance carrying a return cargo of coal from the Lower Lakes. The registered capacity of the barge was 403 net tons; her length was 135 feet, and beam 34 feet. The respondent was a…
1Opinion of the Court
SEAMAN, District Judge.
The primary contention on bebalf of the libelant is that the terms of the charter are express and abso.lute for return of the barge or payment of the purchase price, and that the obligation of the charterer is not absolved by the fact that the barge was destroyed, even though it be without his fault. The cases of Moore v. Association, 41 C. C. A. 506, 101 Fed. 591, and Steele v. Buck, 61 Ill. 343, and the line of authorities reviewed in the opinions, are cited in support of this extreme view, while Young v. Leary, 135 N. Y. 569, 32 N. E. 607, is cited contra, as a…
2Cases cited6 opinions
- The State of Rhode Island v. the State of MassachusettsSupreme Court of the United States · 1838
- The Edwin I. MorrisonSupreme Court of the United States · 1894
- Work v. LeathersSupreme Court of the United States · 1878
- Young v. . LearyNew York Court of Appeals · 1892
- Steele v. BuckIllinois Supreme Court · 1871
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Poydras Fruit Co. v. Weinberger Banana Co.Supreme Court of Louisiana · 1938
- The Johnson Lighterage Co. No. 24Court of Appeals for the Third Circuit · 1918
- The Johnson Lighterage Co. No. 24District Court, D. New Jersey · 1917
- J. M. Brown, Inc. v. W. P. Fuller & Co.California Court of Appeal · 1915
- Charles Killam & Co. v. Monad Engineering Co.District Court, E.D. Pennsylvania · 1914
1 more not listed; retrieve them via the Exa API.