The E. M. Peck
Court of Appeals for the Sixth Circuit
Appeal from the District Court of the United S'tates for the Northern District of Ohio; William L. Day, Judge. Suit in admiralty by the L. P. & J. A. Smith Company, owner of Dredge No. 8, against the steamer E. M. Peck; the Calumet Transit Company, claimant. Decree for libelant, and claimant appeals.
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Appeal from the District Court of the United S'tates for the Northern District of Ohio; William L. Day, Judge. Suit in admiralty by the L. P. & J. A. Smith Company, owner of Dredge No. 8, against the steamer E. M. Peck; the Calumet Transit Company, claimant. Decree for libelant, and claimant appeals. Prior to January, 1904, the steamer Peck, a wooden barge, 250 feet long, and 40 feet beam, without cargo, and owned by the appellant, was moored for the winter on the west bank of Black river, at Lorain, Ohio, in charge of an experienced caretaker. Thirteen other vessels were moored in the river…
1Opinion of the CourtMcCALL, District Judge
(after stating the facts as above). The court below reached the conclusion that the steamer Peck was at fault and decreed accordingly. The Calumet Trust Company, the owner of the Peck, appealed and assigned error.
Judge Day was of the opinion:
“That the Peek broke loose by reason of the compressor slipping and permitting the chain to slack and then tighten, thus breaking or loosening tile jiile to which the Peck was moored,” and that “this was the fault either in the construction of the compressor or more probably in the conduct of the caretaker of the Peck.”
If this finding of fact is warranted…
2Cases cited8 opinions
- The LouisianaSupreme Court of the United States · 1866
- The William E. ReisCourt of Appeals for the Sixth Circuit · 1907
- Bradley v. SullivanCourt of Appeals for the Sixth Circuit · 1913
- The WaterlooCourt of Appeals for the Third Circuit · 1900
- American Surety Co. v. Worcester Cycle Mfg. Co.U.S. Circuit Court for the District of Connecticut · 1900
3 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Hawgood & Avery Transit Co. v. Meaford Transp. Co.Court of Appeals for the Sixth Circuit · 1916
- The Anna C. MinchDistrict Court, W.D. New York · 1919