The F. W. Wheeler v. Churchill
Court of Appeals for the Sixth Circuit
Appeal from the District Court of tbe United States for the Eastern District of Michigan. The steam barge Porter Chamberlain and the barge Comstock, while in tow of the former, came in collision with the barge Ashland, while in tow of the steamer Wheeler. This collision occurred in Lake St. Clair, in what is known as the Grosse Pointe Channel or Out. That channel is about 1½ miles long, and about 900 feet wide.
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Appeal from the District Court of tbe United States for the Eastern District of Michigan. The steam barge Porter Chamberlain and the barge Comstock, while in tow of the former, came in collision with the barge Ashland, while in tow of the steamer Wheeler. This collision occurred in Lake St. Clair, in what is known as the Grosse Pointe Channel or Out. That channel is about 1½ miles long, and about 900 feet wide. It is marked on the upper end by a black stake and the Grosse Pointe Lightship, and at its lower end by a black stake and a spile or tripod light, as it is sometimes called. The…
1Opinion of the CourtLurton, Circuit Judge
*827Judge Swan, who heard this ease in the district court, was of opinion that the Wheeler was to be condemned, “whether she was under command, and making headway through the water, as claimed by the libelants, or whether she and her consort were practically aground, as contended by the defense.” “if,” said the learned and careful judge, “the Wheeler was aground when she exchanged signals with the Porter Chamberlain, it was clearly a fault on her part to accept that signal, and give her answer to assure the Chamberlain that she was under command.” We are strongly disposed to agree to that…
2Cases cited8 opinions
- United States v. RodgersSupreme Court of the United States · 1893
- Weeks v. Wilson Transit Co.Court of Appeals for the Sixth Circuit · 1894
- The NicholsSupreme Court of the United States · 1869
- Andreasen v. Two Hundred & Ninety-Five Thousand Feet of LumberDistrict Court, D. Massachusetts · 1894
- Northern Steamship Co. v. BrownCourt of Appeals for the Sixth Circuit · 1894
3 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Seaboard Airline R. Co. v. Pan American Petroleum & Transport Co. The Pan MarylandCourt of Appeals for the Fifth Circuit · 1952
- The AustraliaCourt of Appeals for the Sixth Circuit · 1903
- The FontanaCourt of Appeals for the Sixth Circuit · 1903
- Southern Pacific Co. v. HaglundSupreme Court of the United States · 1928
- Minnesota S. S. Co. v. Lehigh Valley Transportation Co.Court of Appeals for the Sixth Circuit · 1904
8 more not listed; retrieve them via the Exa API.