The W. H. Simpson
Court of Appeals for the Seventh Circuit
Appeal from the District Court of the United States for the Eastern District of Wisconsin. The schooner P. W. Gifford sailed from the port of Chicago on the 8th day of April, 1894, laden with a cargo of 29,000 bushels of com, bound for Port Huron. She was a vessel of 400 tons burden, 151 feet in length and 31 feet beam, and with her cargo on board drew 12 feet and 6 inches.
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Appeal from the District Court of the United States for the Eastern District of Wisconsin. The schooner P. W. Gifford sailed from the port of Chicago on the 8th day of April, 1894, laden with a cargo of 29,000 bushels of com, bound for Port Huron. She was a vessel of 400 tons burden, 151 feet in length and 31 feet beam, and with her cargo on board drew 12 feet and 6 inches. During the night a severe northeast storm sprang up, with a high sea, causing the vessel to labor heavily, and at 4 o’clock in the morning it was discovered that the forward pump was broken, and rendered useless. She was…
1Opinion of the CourtJenkins, Circuit Judge
The law which governs this case is well settled. A tug is neither a common carrier nor an insurer, nor is the highest possible degree of skill and care exacted of her. She is bound to exercise reasonable care and skill in the performance of the duty assumed, and failure therein is a gross fault, creating liability for injury. The Margaret, 94 U. S. 494; The L. P. Dayton, 120 U. S. 337, 7 Sup. Ct. 568. The difficulty arises, not in the law, but in the ascertainment of the facts from the evidence, which, in cases like the present, is usually conflicting. This one furnishes no exception to the…
2Cases cited2 opinions
- The "Margaret."Supreme Court of the United States · 1877
- The L. P. DaytonSupreme Court of the United States · 1887
3Cited by9 opinions
- Stevens v. the White CitySupreme Court of the United States · 1932
- Shaw v. Dempsey Sons Barge Co.Court of Appeals for the Third Circuit · 1931
- The Nettie QuillDistrict Court, S.D. Alabama · 1903
- Davis v. BolandCourt of Appeals for the Sixth Circuit · 1904
- The Thomas WilsonDistrict Court, N.D. New York · 1903
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