The John McCraken
District Court, D. Oregon
In Admiralty. On motion to vacate warrant of arrest. This is a proceeding, by libel in rem, preferred by the United States against the tug John McCraken and the dredge Columbia, their engines, boilers, etc., for the recovery of damages arising from a collision with the Manzanita, a lighthouse tender, the property of the United States, alleged to have been caused by the negligence of the masters of the vessels libeled.
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In Admiralty. On motion to vacate warrant of arrest. This is a proceeding, by libel in rem, preferred by the United States against the tug John McCraken and the dredge Columbia, their engines, boilers, etc., for the recovery of damages arising from a collision with the Manzanita, a lighthouse tender, the property of the United States, alleged to have been caused by the negligence of the masters of the vessels libeled. It is shown by the libel that the vessels at fault are the property of the port of Portland, and were being navigated on the Columbia river, as tug and low, from a point…
1Opinion of the CourtWolverton, District Judge
(after stating the facts). Counsel for claimant contend, broadly, as indicated by the motion, that the vessels are not subject to seizure, by reason of the fact that they are the property of a municipal corporation, necessary to the furtherance of its operations, and are being employed in the public service and for a public use. The contention challenges the. jurisdiction of the court to entertain the libel under such conditions. The questions thus presented are of vital interest, and I have endeavored to give them considerate attention. The manner of raising the issues, and its sufficiency…
2Cases cited8 opinions
- Matter of HeffSupreme Court of the United States · 1905
- The SirenSupreme Court of the United States · 1869
- The DavisSupreme Court of the United States · 1870
- Cook v. Port of PortlandOregon Supreme Court · 1891
- Klein v. New OrleansSupreme Court of the United States · 1879
3 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- The OnteoraDistrict Court, S.D. New York · 1923
- United States v. Port of PortlandDistrict Court, D. Oregon · 1906
- The George W. ElderDistrict Court, D. Oregon · 1908
- Hanlon Dry Dock & Shipbuilding Co. v. California Reclamation Dist. No. 307Court of Appeals for the Ninth Circuit · 1925