The Lady Pike
Supreme Court of the United States
Appeal from the Circuit Court for the Eastern District of Wisconsin. The Germania Insurance Company had insured a cargo of wheat, laden on a barge at Shoekopee, on the Minnesota River, and about to be towed by the steamer Lady Pike down that river to its junction with the Mississippi,'thence down the Mississippi to Savannah, Illinois; “unavoidable dangers of the river . . . only excepted.” The cargo was laden on the barge, and the transportation of it begun.
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Appeal from the Circuit Court for the Eastern District of Wisconsin. The Germania Insurance Company had insured a cargo of wheat, laden on a barge at Shoekopee, on the Minnesota River, and about to be towed by the steamer Lady Pike down that river to its junction with the Mississippi,'thence down the Mississippi to Savannah, Illinois; “unavoidable dangers of the river . . . only excepted.” The cargo was laden on the barge, and the transportation of it begun. In the course of the voyage, however, the barge was wrecked. The insurance company paid the loss, and alleging that the barge had been…
1Opinion of the CourtJustice Clifford
Appeals in admiralty, it may be admitted, are not favored where it appears that the subordinate courts have both concurred in the- same view of the merits of the controversy; but it is not accurate to say that the Supreme Court will not reverse such a decree in a clear case.
Such a proposition cannot be adopted, as a rule of decision, consistently with the provisions in the act of Congress allowing appeals from final decrees rendered in the Circuit Court to the Supreme Court, in all cases of equity and of admiralty and maritime jurisdiction, where the matter in dispute, exclusive of costs,…
2Cases cited1 opinion
- King v. ShepherdU.S. Circuit Court for the District of Massachusetts · 1844
3Cited by36 opinions
- Liverpool & Great Western Steam Co. v. Phenix InsuranceSupreme Court of the United States · 1889
- Alaska Pacific Fisheries v. United StatesSupreme Court of the United States · 1918
- The FolminaSupreme Court of the United States · 1909
- The IroquoisSupreme Court of the United States · 1904
- Tug Ocean Prince, Inc. v. United StatesCourt of Appeals for the Second Circuit · 1978
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