Thompson Towing & Wrecking Ass'n v. McGregor
Court of Appeals for the Sixth Circuit
Appeal from the District Court of the United States for the Western District of Michigan; Arthur C. Denison, Judge. Proceeding in admiralty by the Thompson Towing & Wrecking Association and the Great Takes Towing Company for limitation of liability. Appeal by petitioners from decrees in favor of William Mc-Gregor and Matilda Workman, administratrix.
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Appeal from the District Court of the United States for the Western District of Michigan; Arthur C. Denison, Judge. Proceeding in admiralty by the Thompson Towing & Wrecking Association and the Great Takes Towing Company for limitation of liability. Appeal by petitioners from decrees in favor of William Mc-Gregor and Matilda Workman, administratrix. This is an appeal from a decree entered in a.proceeding to limit liability respecting a boiler explosion on the lighter Stewart, which resulted in the instant death of Workman on board the vessel and in permanent injury to McGregor, who were…
1Opinion of the CourtWarrington, Circuit Judge
(after stating the facts as above). The claims of both appellees have been presented and considered together.
[1] 1. It is objected that the appellants are not shown to have been guilty of negligence, which was the proximate cause of the explosion. The effort is to show that all who were at the time engaged on the Stewart, including the captain, were members of the crew, and so to excuse the owners under the fellow-servant doctrine. This fails to give due effect to the condition of both the boiler and the hull of the Stewart. The boiler was formerly in use on the Crusader. In 1896 the Crusader…
2Cases cited59 opinions
- The OsceolaSupreme Court of the United States · 1903
- The HarrisburgSupreme Court of the United States · 1886
- The Minnesota Rate CasesSupreme Court of the United States · 1913
- The HamiltonSupreme Court of the United States · 1907
- La BourgogneSupreme Court of the United States · 1908
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3Cited by48 opinions
- Carlisle Packing Co. v. SandangerSupreme Court of the United States · 1922
- Moore-Mccormack Lines, Inc. v. AmiraultCourt of Appeals for the First Circuit · 1953
- Standard Dredging Co. v. KristiansenCourt of Appeals for the Second Circuit · 1933
- Proctor v. DillonMassachusetts Supreme Judicial Court · 1920
- The Erie Lighter 108District Court, D. New Jersey · 1918
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