Legal Opinion

The James P. Donaldson

District Court, E.D. Michigan

Decided July 9, 1883PublishedCited by 4 opinions

In Admiralty. These were consolidated libels against the propeller Tames P. Donaldson, to recover for the abandonment and subsequent stranding and loss of the barges Eldorado and George W. Wesley, some three or four miles below Erie, Pennsylvania, upon the evening of November 20, 1880. The conceded facts were substantially as follows; That the barges in question, together with the barge Bay City, left Buffalo in low of the Donaldson about 9 p. m. of November 19th, bound for…

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In Admiralty. These were consolidated libels against the propeller Tames P. Donaldson, to recover for the abandonment and subsequent stranding and loss of the barges Eldorado and George W. Wesley, some three or four miles below Erie, Pennsylvania, upon the evening of November 20, 1880. The conceded facts were substantially as follows; That the barges in question, together with the barge Bay City, left Buffalo in low of the Donaldson about 9 p. m. of November 19th, bound for Bay City, Michigan. None of the tow were laden except the Bay City, which carried a small cargo of coal. There was a…

1Opinion of the CourtBrown, J.

I will proceed to consider the several allegations of negligence charged against the master of the propeller.

1. In regard to tho general course of the tow in leaving Buffalo. Tho usual and ordinary course up the lake from Buffalo to the mouth *266of the Detroit river is W. by S. § S., considerably to the northward of the course actually taken. This would carry the tow close to Long Point, and thence in a straight course to the narrow channel between Pointe Au Pelee and Pointe Au Pelee island. Had Captain Towle adopted this course, it is very probable that he could have taken shelter behind Long…

2Cases cited11 opinions

  1. Lawrence v. MinturnSupreme Court of the United States · 1855
  2. Samuel B. Hobart and Others, of the Brig Hope and Cargo v. Andrew Drogan and Others, LibellantsSupreme Court of the United States · 1836
  3. Star of HopeSupreme Court of the United States · 1870
  4. Barnard v. AdamsSupreme Court of the United States · 1851
  5. Respublica v. SparhawkSupreme Court of the United States · 1788

6 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Atlantic, Gulf & Pacific Co. v. LuckenbachDistrict Court, E.D. New York · 1903
  2. Neall v. SchraderCourt of Appeals for the Third Circuit · 1896
  3. Standard Transp. Co. v. Great Lakes Towing Co.District Court, W.D. New York · 1919
  4. The CovingtonDistrict Court, S.D. New York · 1904

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