Legal Opinion

Hermann v. Port Blakely Mill Co.

District Court, N.D. California

Decided January 22, 1896No. 11,176PublishedCited by 20 opinions

Libel in personam to recover $10,000 as damages for injuries alleged to ha,ve been caused by the negligence of the defendant corporation through its employé on board the American ship Kate Davenport, while libelant was engaged, as first mate, in supervising and assisting the loading of the vessel with lumber. Libel dismissed, the injury having been received through the negligence of a fellow servant.

1Opinion of the Court

MORROW, District Judge.

The libelant sues for $10,000, as damages for injuries alleged to have been caused by the negligence of the defendant corporation, through one of its employés, on board the American ship Kate Davenport, while he was engaged in loading- the vessel with lumber at Port Blakely, state of Washington.

The facts of the case are, briefly, these: Libelant was the first mate of the vessel, and, at the time he sustained Ms injury, was in the between decks on the port side, supervising and assisting in the loading- of lumber. He had a gang of four men working under him, receiving…

2Cases cited19 opinions

  1. Hough v. Railway Co.Supreme Court of the United States · 1880
  2. Northern Pacific Railroad v. HerbertSupreme Court of the United States · 1886
  3. Baltimore & Ohio Railroad v. BaughSupreme Court of the United States · 1893
  4. Quebec Steamship Co. v. MerchantSupreme Court of the United States · 1890
  5. Cheeney v. Ocean Steamship Co.Supreme Court of Georgia · 1893

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

3Cited by20 opinions

  1. Southern Indiana Railway Co. v. HarrellIndiana Supreme Court · 1903
  2. Anderson v. Pittsburgh Coal Co.Supreme Court of Minnesota · 1909
  3. Standard Knitting Mills v. HickmanTennessee Supreme Court · 1915
  4. J. W. Sanders Cotton Mill, Inc. v. MoodyMississippi Supreme Court · 1940
  5. Browne v. KingCourt of Appeals for the Eighth Circuit · 1900

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

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