Legal Opinion

Elder

District Court, D. Oregon

Decided February 3, 1913No. 5,162PublishedCited by 1 opinion

In Admiralty. Suit for collision by the Columbia Contract Company, owner of the steamer Daniel Kern, against the steamer George W. Elder, Charles P. Doe, claimant. Decree for libelant. The Columbia Contract Company was at the time of the collision herein complained of the owner of the Daniel Kern, and was engaged in conveying rock from Fisher’s Quarry, situate on the north bank of the Columbia river-above Vancouver, Wash., to the government jetty below Ft.

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In Admiralty. Suit for collision by the Columbia Contract Company, owner of the steamer Daniel Kern, against the steamer George W. Elder, Charles P. Doe, claimant. Decree for libelant. The Columbia Contract Company was at the time of the collision herein complained of the owner of the Daniel Kern, and was engaged in conveying rock from Fisher’s Quarry, situate on the north bank of the Columbia river-above Vancouver, Wash., to the government jetty below Ft. Stevens, at the mouth of the Columbia river. Barges were employed in transporting the rock, three being lashed together side by side in…

1Opinion of the CourtWolverton, District Judge

(after stating the facts as above). The question to be resolved is which of these two vessels was at fault in bringing on the collision, or whether both are blamable for their part in the affair. The following is a rough chart of the river and its shore lines at and near the place of collision:

"K" represents the place where the collision occured. "C" is adesignation for Cooper’s Point, made by counsel in the examination of one of the witnesses. It is claimed by libelant’s counsel that Cooper’s Point is approximately five-eighths of a mile above the place of collision, which is probably near…

2Cases cited6 opinions

  1. The North StarCourt of Appeals for the Second Circuit · 1907
  2. Mitchell Transp. Co. v. ChisholmCourt of Appeals for the Sixth Circuit · 1892
  3. The FontanaCourt of Appeals for the Sixth Circuit · 1903
  4. The AlbertaU.S. Circuit Court for the District of Eastern Michigan · 1885
  5. Dinniny v. The Sam SloanDistrict Court, S.D. New York · 1894

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

3Cited by1 opinion

  1. United Fruit S. S. Corp. v. The Pilar De LarrinagaDistrict Court, E.D. Pennsylvania · 1942

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