Humboldt Lumber Manufacturers' Ass'n v. Christopherson
Court of Appeals for the Ninth Circuit
Appeal from the District Court of the United States for the Northern District of California. The action grew out of the following facts, as stated by the learned judge who heard the case in the district court: “On the 16th day of November, 1889, the schooner Fidelity, while being towed from the Pacific Ocean into Humboldt Bay by the steam tug Printer, was capsized on Humboldt Bar.
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Appeal from the District Court of the United States for the Northern District of California. The action grew out of the following facts, as stated by the learned judge who heard the case in the district court: “On the 16th day of November, 1889, the schooner Fidelity, while being towed from the Pacific Ocean into Humboldt Bay by the steam tug Printer, was capsized on Humboldt Bar. The captain and all hands on board the schooner were drowned, and the vessel itself drifted away, and became a total loss. On March 17,1890, the Humboldt Lumber Manufacturers’ Association, charterer of the steam tug…
1Opinion of the Court
McKENNA, Circuit Judge, after slating the facts as above, delivered the opinion of the court, as follows:
It is con feuded by appellant that: (1) The evidence does not sustain the finding of the court that the officers of the tug Printer were at fault. (2) There can he no recovery for loss of life, as the disaster occurred on the high seas. (3) If there was liability, it arose while transporting property to a port of the United íátates, and hence excused from responsibility for damages by section 3 of the act of congress of February 13, 1893. (4) That the damages assessed for the deaths of…
2Cases cited7 opinions
- SHERLOCK v. Alling, AdmInistratorSupreme Court of the United States · 1876
- Manchester v. MassachusettsSupreme Court of the United States · 1891
- Steamboat Co. v. ChaseSupreme Court of the United States · 1873
- United States v. BevansSupreme Court of the United States · 1818
- Lord v. Steamship Co.Supreme Court of the United States · 1881
2 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Thompson Towing & Wrecking Ass'n v. McGregorCourt of Appeals for the Sixth Circuit · 1913
- McRae v. Bowers Dredging Co.U.S. Circuit Court for the District of Washington · 1898
- People v. StrallaCalifornia Supreme Court · 1939
- Schooner Robert Lewers Co. v. KekauohaCourt of Appeals for the Ninth Circuit · 1902
- Madeline Curry, Etc. v. Fred Olsen Line, Etc.Court of Appeals for the Ninth Circuit · 1966
12 more not listed; retrieve them via the Exa API.