Hanson v. Haywood Bros.
Court of Appeals for the Seventh Circuit
Appeal from the District Court of the United States for the Eastern Division of the Northern District of Illinois. This appeal is by the claimants of the schooner Emily B. Maxwell from a decree in admiralty against the schooner, upon a bill filed by Haywood Bros. & Wakefield Co., owners of a cargo of lumber, to recover for the loss of a deck load thereof eu the voyage of the vessel from Pine Lake to Chicago.
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Appeal from the District Court of the United States for the Eastern Division of the Northern District of Illinois. This appeal is by the claimants of the schooner Emily B. Maxwell from a decree in admiralty against the schooner, upon a bill filed by Haywood Bros. & Wakefield Co., owners of a cargo of lumber, to recover for the loss of a deck load thereof eu the voyage of the vessel from Pine Lake to Chicago. The lumber was ladw n; Fast Jordan, on Pine Lake, about 16 miles from Charlevoix, Mich., and fue « T'ooner proceeded in tow to Charlevoix, arriving about 3 p. in. in a rain;; o- n, but…
1Opinion of the CourtSeaman, Circuit Judge
(after stating the facts). The propositions ■on which the libel rests, and as well the decree, are threefold: (1) that the master was negligent per se in proceeding upon the voyage without consulting the reports of the weather bureau, when the warning signal was observed; (2) that such negligence was the proximate cause of the cargo loss; and (3) that the vessel and her owners were chargeable with liability for the assumed negligence of the master. Unless each of these contentions is tenable, the decree cannot be upheld,' and the primary question for solution, in any view of the master’s…
2Cases cited5 opinions
- The SilviaSupreme Court of the United States · 1898
- The WildcroftSupreme Court of the United States · 1906
- The GuadeloupeDistrict Court, S.D. New York · 1899
- Doherr v. The EtonaCourt of Appeals for the Second Circuit · 1896
- The WildcroftCourt of Appeals for the Third Circuit · 1904
3Cited by7 opinions
- Grace Line, Inc. v. Todd Shipyards Corp.Court of Appeals for the Ninth Circuit · 1974
- The OritaniDistrict Court, E.D. Pennsylvania · 1929
- Bergen Lloyd A/S v. Munson S. S. LineCourt of Appeals for the Second Circuit · 1933
- Luria Bros. v. Eastern Transp. Co.Court of Appeals for the Second Circuit · 1937
- The HumarockDistrict Court, S.D. Georgia · 1916
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