Hawgood & Avery Transit Co. v. Meaford Transp. Co.
Court of Appeals for the Sixth Circuit
Appeals 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 Meaford Transportation Company, owner of the steamer Bothnia, against the steamer S. S. Curry, the Hawgood & Avery Transit Company, claimant, and Ellen- Williams, administratrix of the estate of William Arthur Williams, deceased, intervener. Decrees for libelant and intervener, and claimant appeals.
1Dissent
EVANS, District Judge.
I cannot rid myself of the conviction that the owners of the Curry used due care in selecting its rudderstock when she was built and in retaining it when she was lengthened, that this was demonstrated by the direct testimony and by 19 years of active use, which brought no visible sign of any defect previous to the collision with the Bothnia, that under these circumstances she should not be held to have absolutely guaranteed its soundness, and consequently that the breaking of the rudderstock on that occasion was the result of inevitable accident, as that phrase is…
2Cases cited4 opinions
- Weeks v. Wilson Transit Co.Court of Appeals for the Sixth Circuit · 1894
- The Morning LightSupreme Court of the United States · 1865
- Hurley v. The Lizzie FrankDistrict Court, S.D. Alabama · 1887
- Sloan v. The FlowergateDistrict Court, E.D. New York · 1887