Legal Opinion

Bigelow v. Nickerson

Court of Appeals for the Seventh Circuit

Decided October 12, 1895No. 216PublishedCited by 16 opinions

Appeal from the District Court of the United States for the Eastern District of Wisconsin. This was a libel in personam, exhibited in the court below by the appellee against the owner of the steamer Robert Holland, claiming damages for the death of Erik Anderson, in a collision between the schooner William Aid-rich and -the barge Parana, which barge, with the barge Stevenson, was af the time in tow of the steamer Robert Holland.

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Appeal from the District Court of the United States for the Eastern District of Wisconsin. This was a libel in personam, exhibited in the court below by the appellee against the owner of the steamer Robert Holland, claiming damages for the death of Erik Anderson, in a collision between the schooner William Aid-rich and -the barge Parana, which barge, with the barge Stevenson, was af the time in tow of the steamer Robert Holland. The collision is asserted to have been causéd by the fault of the Robert Holland. The collision occurred at about 5 a. m. of the morning of November 1, 1891, under…

1Opinion of the CourtJenkins, Circuit Judge

It is determined that, at the common law, no civil action would lie for an injury resulting in death (Insurance Co. v. Brame, 95 U. S. 754), and that, in the absence of an act of congress, or a statute of a state, giving a right of action therefor, no suit will lie in the admiralty for personal injury causing death through negligence on the high seas, or on waters navigable from the sea (The Harrisburg, 119 U. S. 199, 7 Sup. Ct. 140; The Alaska, 190 U. S. 201, 9 Sup. Ct. 461). It is also settled that, if a state statute gives a right of action touching a subject of maritime nature, the *116admiral…

2Cases cited46 opinions

  1. Huntington v. AttrillSupreme Court of the United States · 1892
  2. Shively v. BowlbySupreme Court of the United States · 1894
  3. The HarrisburgSupreme Court of the United States · 1886
  4. Illinois Central Railroad v. IllinoisSupreme Court of the United States · 1892
  5. Virginia v. RivesSupreme Court of the United States · 1880

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

3Cited by16 opinions

  1. Wilson v. Board of the Indiana Employment Security DivisionIndiana Supreme Court · 1979
  2. Thompson Towing & Wrecking Ass'n v. McGregorCourt of Appeals for the Sixth Circuit · 1913
  3. Williams v. CrabbCourt of Appeals for the Seventh Circuit · 1902
  4. Chicago, M. & ST. P. RY. CO. v. SchendelCourt of Appeals for the Eighth Circuit · 1923
  5. London Guarantee & Accident Co. v. Balgowan Steamship Co.Court of Appeals of Maryland · 1931

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

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