Legal Opinion

Empire Transp. Co. v. Philadelphia & R. Coal & Iron Co.

Court of Appeals for the Eighth Circuit

Decided August 24, 1896No. 747PublishedCited by 40 opinions

Appeal from the District Court of the United States for the District of Minnesota. These are appeals from decrees dismissing libels against the appellee, the Philadelphia & Reading Coal & Iron Company, for damages for the detention of vessels during the strike of 1894. Each of the appellants filed a libel against the appellee in the court below to recover damages for the detention of one of its steamships for a, period' of 12 days during that strike.

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Appeal from the District Court of the United States for the District of Minnesota. These are appeals from decrees dismissing libels against the appellee, the Philadelphia & Reading Coal & Iron Company, for damages for the detention of vessels during the strike of 1894. Each of the appellants filed a libel against the appellee in the court below to recover damages for the detention of one of its steamships for a, period' of 12 days during that strike. The appellant the Empire Transportation Company alleged, in its libel, that on June 30, 1894, the appellee chartered its steamship, the W. H.…

1Opinion of the CourtSanborn, Circuit Judge

In the absence of any stipulation with reference to the time of unloading or discharge in a charter of a vessel, is the charterer liable to the owner of the ship for damages for her detention caused by a strike of his laborers and such subsequent intimidation and violence on their part as prevent other willing workmen from supplying their places? If so, is the finding of the court below, that the appellee used reasonable diligence to discharge these vessels, but was delayed without its fault by the intimidation and violence of the strikers, warranted by the evidence in these cases? These are…

2Cases cited31 opinions

  1. Cross v. . BeardNew York Court of Appeals · 1862
  2. Geismer v. Lake Shore & Michigan Southern Railway Co.New York Court of Appeals · 1886
  3. Gulf, Colorado & Santa Fe Railway Co v. LeviTexas Supreme Court · 1890
  4. Davis v. WallaceU.S. Circuit Court for the District of Massachusetts · 1868
  5. Pittsburgh, Cincinnati & St. Louis R. W. Co. v. HollowellIndiana Supreme Court · 1879

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

3Cited by40 opinions

  1. Yone Suzuki v. Central Argentine Ry., Ltd.Court of Appeals for the Second Circuit · 1928
  2. In re B. & R. Glove Corp.Court of Appeals for the Second Circuit · 1922
  3. Fewings v. MendenhallSupreme Court of Minnesota · 1903
  4. Fido v. BrazileiroDistrict Court, S.D. New York · 1919
  5. Sinclair Refining Co. v. SchaffCourt of Appeals for the Eighth Circuit · 1921

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

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