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Torts keyed to Robertson
Vincent v. Lake Erie Transp. Co.
Citation:
Supreme Court of Minnesota, 1910. 109 Minn. 456, 124 N.W. 221.ProfessorMelissa A. Hale
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Facts
The Defendant, Lake Erie Transp. Co., owned a steamship for the purpose of carrying cargo. The steamship was tied to the Plaintiff, Vincent’s, dock to unload its cargo. While unloading the cargo, a severe storm developed. By the time the unloading of the cargo was finished, the wind reached speeds of 50 miles per hour and was continually increasing. During this storm, navigation of boats were practically suspended on the lake.
After unloading its cargo, the Defendant’s steamship called for a tug boat to tow her from the dock, but due to the severity of the storm, none could come. Had the lines tying the steamship to the dock been cast off, the steamship would have drifted away. Instead, the lines were kept secure and were retied and replaced as they became loose or broke apart. The wind and the waves caused the steamship to constantly be thrown against the dock, resulting in damage, which the jury found to be equal to $500.
The Plaintiff sued the Defendant for the damages done to the dock due to the Defendant tying its ship to it. The Defendant claimed that as its actions were prudent and done under the privilege of private necessity, it is not liable for the damages done to the property of the Plaintiff.
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Intentional Torts