McKee v. The Pearl

D. Michigan

McKee v. The Pearl

16 F. Cas. 187

DecidedJuly 1, 1857

StatusPublished

This text of 16 F. Cas. 187 (McKee v. The Pearl) is published on Counsel Stack Legal Research, covering District Court, D. Michigan primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

McKee v. The Pearl, 16 F. Cas. 187 (michd 1857).

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Opinion

WILKINS, District Judge.

The steamboat was ascending and the schooner Pilot was beating down the river. The important fact is admitted by the answer, which, according to the principles settled in [St. John v. Paine] 10 How. [51 U. S.] 580, fixes the fault on tlie steamboat. The answer alleges “that the schooner did not go about or heave in stays, but kept on her course.” Being propelled by sails, this was her duty and no fault; and as settled by this court in The Whip and Michigan [Case No. 17,511], the steamboat should have avoided her. The collision occurred in broad daylight, and could have been, and should have been, avoided by the steamboat.

By the proofs submitted, the schooner sustained considerable damage by detention, repairs and injury to cargo, amounting in all, by the estimate furnished, to $205.SI. Decree for that amount.

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WILKINS, District Judge.

The steamboat was ascending and the schooner Pilot was beating down the river. The important fact is admitted by the answer, which, according to the principles settled in [St. John v. Paine] 10 How. [51 U. S.] 580, fixes the fault on tlie steamboat. The answer alleges “that the schooner did not go about or heave in stays, but kept on her course.” Being propelled by sails, this was her duty and no fault; and as settled by this court in The Whip and Michigan [Case No. 17,511], the steamboat should have avoided her. The collision occurred in broad daylight, and could have been, and should have been, avoided by the steamboat.

By the proofs submitted, the schooner sustained considerable damage by detention, repairs and injury to cargo, amounting in all, by the estimate furnished, to $205.SI. Decree for that amount.

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Bluebook (online)

16 F. Cas. 187, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mckee-v-the-pearl-michd-1857.