Monongahela River Consol. Coal & Coke Co. v. River & Rail Storage Co.
Court of Appeals for the Sixth Circuit
In Error to the District Court of the United States for the Western District of Tennessee; John E. McCall, Judge. Action at law by the River & Rail Storage Company against the Monongahela River Consolidated Coal & Coke Company. Judgment for plaintiff, and defendant brings error. The River & Rail Storage Company owned a wharf structure and wharf boat upon the river front, in Memphis.
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In Error to the District Court of the United States for the Western District of Tennessee; John E. McCall, Judge. Action at law by the River & Rail Storage Company against the Monongahela River Consolidated Coal & Coke Company. Judgment for plaintiff, and defendant brings error. The River & Rail Storage Company owned a wharf structure and wharf boat upon the river front, in Memphis. The coal and coke company (hereinafter called “defendant”) was engaged in transporting coal down the river, past the city. About 6 in the morning, on February 14, 1911, the stern wheel steamer Pittsburgh,…
1Opinion of the CourtDenison, Circuit Judge
(after stating the facts as above). In reciting these facts, we have put the defendant’s construction- upon every substantial matter of'dispute, because defendant’s main contention is that there was no evidence of its negligence sufficient to go to the jury, -and because we think that the undisputed facts, as thus recited and as thus colored in defendant’s favor, make a case clearly tending to show a right of action.
There is no dispute between counsel as to the applicable rule of ,law. All agree that defendant was bound to use reasonable care to navigate its coal fleet past the city without…
2Cases cited3 opinions
- Bray v. Monongahela River Consol. Coal & Coke Co.Court of Appeals for the Third Circuit · 1908
- Kenova Transportation Co. v. Monongahela River Consolidated Coal & Coke Co.West Virginia Supreme Court · 1904
- The Joseph W. GouldDistrict Court, W.D. Pennsylvania · 1884