The Eugene Vesta
District Court, E.D. Michigan
In Admiralty. This was a libel against the scow Eugene Yesta and her cargo, to recover for the services of the tug International in rescuing the scow and her cargo from being wrecked on the shore of Lake Erie at the port of Tyrconnell during the month of August, 1885. The services were renderd at the instance of the master of the scow.
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In Admiralty. This was a libel against the scow Eugene Yesta and her cargo, to recover for the services of the tug International in rescuing the scow and her cargo from being wrecked on the shore of Lake Erie at the port of Tyrconnell during the month of August, 1885. The services were renderd at the instance of the master of the scow. The scow was loading wood for transportation to Detroit, and had taken on board about 80 cords, or two-thirds of a load, when a storm arose, which rendered it necessary to stop loading. The storm increasing, the vessel began to drag her anchor; and the master,…
1Opinion of the CourtBrown, J.
The real question in this case is whether the owner of the wood had the right, after the vessel had gone ashore at Tyrcon-noll, and before she had broken ground upon her voyage, to demand a return of the wood upon.payment of the expenses, or whether the lien of the master had attached to the cargo, so that ho had a right to bring it to Detroit, and compel it to contribute to the general average occasioned by the stranding. There can be no doubt there is an implied warranty on the part of the carrier that his vessel shall be seaworthy, not only when she begins to take cargo on board, but wlion…
2Cases cited4 opinions
- The TornadoSupreme Court of the United States · 1883
- Clemson v. DavidsonSupreme Court of Pennsylvania · 1813
- The" Julia Blake"Supreme Court of the United States · 1883
- Keyser v. HarbeckThe Superior Court of New York City · 1854
3Cited by7 opinions
- J. K. Armsby Co. v. Actieselskabet Dampskibet IslandCourt of Appeals for the Second Circuit · 1921
- The NewportCourt of Appeals for the Ninth Circuit · 1925
- Clifford v. Merritt-Chapman & Scott CorporationCourt of Appeals for the Fifth Circuit · 1932
- Proctor & Gamble Co. v. Atlantic Oil Transit Corp.District Court, S.D. New York · 1931
- G. Amsinck & Co. v. Pacific Mail S. S. Co.Court of Appeals for the Ninth Circuit · 1925
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