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Torts Keyed to Duncan
Vincent v. Lake Erie Transport Co.
Citation:
124 N.W. 221 (Minn. 1910)
ProfessorMelissa A. Hale
CaseCast™ – "What you need to know"
Facts
The defendant was unloading cargo from its ship at plaintiff’s dock pursuant to a contract between the two when a violent storm rolled in. When they were finished unloading, they sent for a tug boat to pull them away from the dock, but because of the severity of the storm no tug boat could be located. The defendant knew that remaining moored to the dock could cause damage to the dock when the boat was rocked by the turbulent water, but determined that it was safer to stay tied to the dock rather than drift back into the harbour and be at the mercy of the storm.
It was agreed at trial the storm was so bad that no reasonable boat captain would have been justified in trying to navigate it. Traffic in and out of the harbour was practically suspended until the next morning when the storm had passed.
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