Legal Opinion

City of Chicago v. Mullen

Court of Appeals for the Seventh Circuit

Decided May 6, 1902No. Nos. 814, 815PublishedCited by 27 opinions

Appeal from the District Court of the United States for the Northern District of Illinois. In Admiralty. On April 26, 1900, the schooner Commerce was proceeding down the Chicago river toward Lake Michigan in tow of the tug O. B. Green. She had been taken in tow by the tug at a dock just north of Kinzie street, on the North branch of the Chicago river.

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Appeal from the District Court of the United States for the Northern District of Illinois. In Admiralty. On April 26, 1900, the schooner Commerce was proceeding down the Chicago river toward Lake Michigan in tow of the tug O. B. Green. She had been taken in tow by the tug at a dock just north of Kinzie street, on the North branch of the Chicago river. After passing the Kinzie street bridge and the two railroad bridges, and at about the junction of the North and South branches of the Chicago river, the tug blew the usual signal for the Wells street bridge to open. This bridge was 400 feet…

1Opinion of the Court

JENKINS, Circuit Judge;

(after stating the facts as above). A careful review of the evidence fully satisfies us that the collision of the bridge with the rigging of the schooner and the resulting damage to, the schooner were caused by the fault of the bridge tender in charge of the Wells street bridge. This bridge was operated by electricity. The failure to stop the bridge upon the centre protection was clearly owing, as the evidence discloses, to the failure of the bridge tender to shut .off the current when the bridge had reached the proper position. He attempted to stop it by means of a…

2Cited by27 opinions

  1. Clement v. Metropolitan West Side El. Ry. Co.Court of Appeals for the Seventh Circuit · 1903
  2. Pennsylvania Railroad Company v. SS Marie LeonhardtDistrict Court, E.D. Pennsylvania · 1962
  3. Munroe v. City of ChicagoCourt of Appeals for the Seventh Circuit · 1912
  4. United States v. MartinCourt of Appeals for the Third Circuit · 1940
  5. United States v. Sabine Towing & Transportation Co.District Court, E.D. Louisiana · 1968

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