Legal Opinion

Vincent v. Lake Erie Transportation Co.

Supreme Court of Minnesota

Decided January 14, 1910No. Nos. 16,262—(102)PublishedCited by 12 opinions

Action in the district court for St. Louis county to recover $1,200 for damage to plaintiffs’ wharf, caused by defendant negligently keeping its vessel tied to it.

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Action in the district court for St. Louis county to recover $1,200 for damage to plaintiffs’ wharf, caused by defendant negligently keeping its vessel tied to it. The defendant in its answer alleged that a portion of the cargo was consigned to plaintiffs’ dock and on November 27, 1905, its vessel was placed alongside at the place and in the manner designated by plaintiffs and the discharge of cargo continued until ten o’clock that night, that by the time the discharge of cargo was completed the wind had attained so great a velocity the master and crew were powerless to move the vessel. The…

1Opinion of the CourtO’Brien, J.

The steamship Peynolds, owned by the defendant, was for the purpose of discharging her cargo on November 27, 1905, moored to plaintiffs’ dock in Duluth. While the unloading of the boat was taking place a storm-from the northeast developed, which at about ten o’clock p. m., when the unloading was completed, had so grown in violence that the wind was then moving at fifty miles per hour and continued to increase during the night. There is some evidence that one, and perhaps two, boats were able to enter the harbor that night, but it is plain that navigation was practically suspended from the…

2Cases cited2 opinions

  1. Depue v. FlatauSupreme Court of Minnesota · 1907
  2. Ploof v. PutnamSupreme Court of Vermont · 1908

3Cited by12 opinions

  1. Siegler v. KuhlmanWashington Supreme Court · 1972
  2. Rossi v. DelDucaMassachusetts Supreme Judicial Court · 1962
  3. Goulding v. CookMassachusetts Supreme Judicial Court · 1996
  4. W.C. & A.N. Miller Companies v. United StatesDistrict Court, District of Columbia · 1997
  5. Currie v. SilvernaleSupreme Court of Minnesota · 1919

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