Jacobsen v. Lewis Klondike Expedition Co.
Court of Appeals for the Ninth Circuit
Appeal from the District Court of the United States for the Northern Division of the Northern District of Washington. This is an action brought by the Lewis Klondike Expedition Company against the steamship Noyo, her tackle, apparel, and furniture, to recover damages for breach of contract in failing to tow the steamer W. IT. Evans, a. light-draught Yukon river boat, from Seattle, Wash., to St. Michaels, Alaska.
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Appeal from the District Court of the United States for the Northern Division of the Northern District of Washington. This is an action brought by the Lewis Klondike Expedition Company against the steamship Noyo, her tackle, apparel, and furniture, to recover damages for breach of contract in failing to tow the steamer W. IT. Evans, a. light-draught Yukon river boat, from Seattle, Wash., to St. Michaels, Alaska. The lower court rendered a decree in‘ favor of the appellee for $4,250 and costs, and the appellant now seeks a reversal of this decree. The contract involved in this action provided…
1Opinion of the CourtMorrow, Circuit Judge
(after stating the facts as above). The assignments of error relate to the finding of the court that the appellant did not exercise due care and skill in the towing of the •steamer Evans, and was therefore guilty of a breach of the contract of towage; to the measure of damages awarded; to the non-apportionment of damages between the parties, because of the alleged contributory negligence of the appellee; to the admission of the deposition of the master of the Evans, it not being properly authenticated or verified, and incompetent because of the death of the master of the steamer Noyo; and to…
2Cases cited14 opinions
- Davis v. SchwartzSupreme Court of the United States · 1895
- The "Margaret."Supreme Court of the United States · 1877
- The Carib PrinceSupreme Court of the United States · 1898
- The Steamer WebbSupreme Court of the United States · 1872
- Stuart v. HaydenSupreme Court of the United States · 1898
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3Cited by19 opinions
- Washington-Southern Navigation Co. v. Baltimore & Philadelphia Steamboat Co.Supreme Court of the United States · 1924
- Newton v. Consolidated Gas Co. of NYSupreme Court of the United States · 1924
- Smith v. DavisCourt of Appeals for the First Circuit · 1910
- Crosby Transp. Co. v. SautterCourt of Appeals for the Seventh Circuit · 1912
- Parkerson v. BorstCourt of Appeals for the Fifth Circuit · 1919
14 more not listed; retrieve them via the Exa API.