Legal Opinion

Australia Transit Co. v. Lehigh Valley Transp. Co.

Court of Appeals for the Sixth Circuit

Decided June 30, 1916No. Nos. 2768, 2769PublishedCited by 4 opinions

Appeal from the District Court of the United States for the Eastern District of Michigan; Arthur J. Tuttle, Judge. Suit in admiralty for collision by the Lehigh Valley Transportation Company, owner of the steamer Bethlehem, against the steamer Australia and the barge Polynesia, the Australia Transit Company, claimant, with cross-libel, and intervening libels of the Federal Insurance Company and others.

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Appeal from the District Court of the United States for the Eastern District of Michigan; Arthur J. Tuttle, Judge. Suit in admiralty for collision by the Lehigh Valley Transportation Company, owner of the steamer Bethlehem, against the steamer Australia and the barge Polynesia, the Australia Transit Company, claimant, with cross-libel, and intervening libels of the Federal Insurance Company and others. From the decree, the Australia Transit Company and the Insurance Companies appeal.

1Opinion of the Court

DENISON, Circuit Judge.

At about noon of June 13th, in the St. Clair river, the steamer Bethlehem, loaded and down-bound, and the steamer Australia, with the barge Polynesia in tow, up-bound, were in collision. Serious damage was done to both steamers and to the Bethlehem’s cargo. The channel at this point was 1,500 feet wide. The Bethlehem was near the American shore, and the up-bound boats *54were about mid-stream, and port passing signals had been exchanged, when the Bethlehem sheered across the stream and struck the Australia in the side. While still in that position and before the Bethlehem…

2Cases cited5 opinions

  1. Weeks v. Wilson Transit Co.Court of Appeals for the Sixth Circuit · 1894
  2. The LackawannaCourt of Appeals for the Second Circuit · 1913
  3. The OhioCourt of Appeals for the Sixth Circuit · 1898
  4. Bradley v. SullivanCourt of Appeals for the Sixth Circuit · 1913
  5. Hawgood & Avery Transit Co. v. Meaford Transp. Co.Court of Appeals for the Sixth Circuit · 1916

3Cited by4 opinions

  1. Moran Towing & Transportation Co. v. United StatesDistrict Court, S.D. New York · 1944
  2. Great Lakes Towing Co. v. American Shipbuilding Co.Court of Appeals for the Sixth Circuit · 1917
  3. Colonial Nav. Co. v. United StatesDistrict Court, E.D. New York · 1926
  4. Vinson v. CobbDistrict Court, E.D. Tennessee · 2007

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