· 9/18/1902

The Northern Queen

Citations

117 F. 906
1902 U.S. Dist. LEXIS 113

Syllabus

1 Collision—Speed in Fog—Moderate Speed. The moderate rate of speed in a fog required by rule 15 (28 Stat. 648) of the rules for navigation on the Great Lakes is such a rate as will enable a steamer to stop in time to avoid collision after coming within view of a vessel at anchor; and such rate must be rigidly observed, unless circumstances exist which make it dangerous to proceed at such moderate rate. •2. Same—Anchorage in Fairway. The steamer Pathfinder, with the whaleback barge Sagamore, laden with ore, in tow, coming down Lake Superior, reached Whitefish Ray at night, and was compelled by the dense fog to anchor a short distance above the entrance to St. Mary’s river. The two vessels were lashed together and anchored in the usual sailing course of vessels, which is at that point from a quarter to a half mile in width; the navigable channel being about four miles wide. There were no established or customary anchorage grounds, and owing to the proximity of a number of other vessels, whose fog signals could be heard, some of which were drifting, the master, who was an experienced navigator, deemed it unsafe to attempt to move out of the fairway. About 10 o’clock the following morning, while the fog was still dense, the barge was struck and sunk by the steamer Northern Queen, bound up, which was going at full speed. Eeld, that the Queen was clearly in fault for maintaining such speed, especially in a place where vessels bound down would be expected to anchor during .the fog; that the Pathfinder and barge could not be charged with contributory fault for anchoring in the fairway under the circumstances, considering the width of the channel, nor for neglect of proper precautions, it appearing that fog signals were regularly sounded, and an alarm signal blown on hearing the second signal from the Queen, and before she came in sight. 8. Same—Fog Signals—Steamer and Tow at Anchor. Where the fog bell on two vessels, 300 feet long, whi

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

holding that 21 negligent misrepresentation claims are not subject to the heightened pleading standards of Rule 9(b)
noting that “the Ninth Circuit ‘has not yet decided’ the issue of whether negligent misrepresentation claims are subjected to Rule 9(b),” and concluding that they are not
discussing California cases and reasoning that “because an allegation of negligent misrepresentation suggests only that the defendant failed to use reasonable care—an objective standard—it does not result in the kind of ‘harm’ that Rule 9(b) was designed to prevent”
“an allegation of negligent misrepresentation suggests only that the defendant failed to use reasonable care—an objective standard”

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Judges: Hazel

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