Thompson Towing & Wrecking Ass'n v. McGregor

Citations

• 207 F. 209
• 124 C.C.A. 479
• 1913 U.S. App. LEXIS 1614

Syllabus

<p>1. Seamen (§ 29*)—Injury in Service—Liability of Vessel.</p> <p>The duty of a shipowner to see that she is seaworthy and equipped with proper appliances when starting on a voyage or other assigned work is a positive one which cannot be delegated, and he is liable for any injury to a seaman arising from his failure to perform it.</p> <p>[Ed. Note.—For other cases, see Seamen, Cent. Dig. §§ 186, 188-194; Dec. Dig. § 29.*]</p> <p>2. Shipping (§ 209*)—Limitation of Liability—Proceed in.,s—Surrender of Vessels.</p> <p>Where a lighter without motive power was being used by a tug, the property of the same owner, to aid in floating a stranded steamer by receiving a part of the cargo, when a defective pump boiler on the lighter exploded, injuring members of her crow, the two vessels are to be regarded as having been a single instrumentality, and both were properly required io be surrendered by the owner in proceedings for limitation of liability,</p> <p>[Ed. Note.—For other cases, see Shipping, Cent. Dig. §§ 646-655, 659, 661, 662; Dec. Dig. § 209.*</p> <p>Limitation of owner’s liability, see note to The Longfellow, 45 C. 0. A. 387.]</p> <p>3. Shipping (§ 209*)—Proceedings for Limitation of Liability—Burden of Proof.</p> <p>Under admiralty rule 54. which requires claimants, upon issuance of a monition in proceedings for limitation of liability, to appear and “make due proof of their respective claims,” the burden rests on a claimant of damages for a death to prove the time and place of such death whore those facts are material.</p> <p>LEd. Note.—For other cases, see Shipping, Cent. Dig. §§ 646-655, 659, 661, 662; Dec. Dig. § 209.*]</p> <p>4. Death (§ 8*)—Action for Wrongful Death—Jurisdiction—Vessel on Great Lakes.</p> <p>Claimant’s intestate was killed by the explosion of a boiler on a lighter temporarily engaged in assisting to release a steamer slranded in Mud Lake, an extension of Lake Huron through which passes the boundary line between Michigan and Ontario; the ligh