Minnesota S. S. Co. v. Lehigh Valley Transportation Co.
Court of Appeals for the Sixth Circuit
Appeal from the District Court of the United States for the Eastern District of Michigan. These are appeals from a decree of the district court, in admiralty, rendered in a cause of collision between the steamer E. P. Wilbur and the barge Martha on the evening of October 26, 1900, near the lower end of Lake St. Clair, and in a channel or cut extending from a point not far above the place where the waters of the lake pass down into the Detroit river, upward through the shoal…
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Appeal from the District Court of the United States for the Eastern District of Michigan. These are appeals from a decree of the district court, in admiralty, rendered in a cause of collision between the steamer E. P. Wilbur and the barge Martha on the evening of October 26, 1900, near the lower end of Lake St. Clair, and in a channel or cut extending from a point not far above the place where the waters of the lake pass down into the Detroit river, upward through the shoal water of the lake for several miles. The channel is straight, is 20 feet deep, and of the width of 800 feet. The Peche…
1Opinion of the CourtSeverens, Circuit Judge
The outline of the controversy, as above shown, indicates that we should first consider the case of the Wilbur, whose sudden departure from her course was the immediate cause of the disaster. Having regard to the general facts already stated, without more, a presumption of fault on the part of that vessel arises, which she takes the burden of dispelling. She is bound to explain how it was that, in ordinary weather, in a fairly ample space for navigation, and being under no stress of circumstances occurring without her ¿fault, she should have been suffered to go off on so dangerous a course.…
2Cases cited11 opinions
- The Elizabeth JonesSupreme Court of the United States · 1884
- Star of HopeSupreme Court of the United States · 1870
- The SmithSupreme Court of the United States · 1887
- Weeks v. Wilson Transit Co.Court of Appeals for the Sixth Circuit · 1894
- Mitchell Transp. Co. v. ChisholmCourt of Appeals for the Sixth Circuit · 1892
6 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- The George H. JonesCourt of Appeals for the Second Circuit · 1928
- Wilmington Ry. Bridge Co. v. Franco-Ottoman Shipping Co.Court of Appeals for the Fourth Circuit · 1919
- Bray v. Luckenbach S. S. Co.Court of Appeals for the Ninth Circuit · 1935
- Western Transit Co. v. BrownDistrict Court, S.D. New York · 1907
- Coastwise S. S. Co. v. Ætna Ins. Co.District Court, S.D. New York · 1908
4 more not listed; retrieve them via the Exa API.