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Torts keyed to Best
Vincent v. Lake Erie Transportation Co.
Citation:
124 N.W. 221 (Minn. 1910)
ProfessorMelissa A. Hale
CaseCast™ – "What you need to know"
Facts
Defendant owns a steamship named Reynolds. On November 27, 1905, Reynolds was legally moored at plaintiff’s dock in Duluth, Minnesota in order to unload cargo. While the crew was unloading the cargo, a violent storm developed. Unable to safety navigate away from the dock without risking severe damage to the Reynolds and her crew, the Reynolds remained moored at the dock until the morning of November 29th. During this time, defendant exercised reasonable prudence and care in keeping the ship docked by ensuring the ropes attaching the Reynolds to the dock were maintained. The storm, however, was so violent that the waves and wind on the starboard side repeatedly and violently threw the ship against the dock, resulting in about $500 in damage to the dock. At trial, a witness who was not there stated that the crew could have navigate the Reynolds into a more secure position, which would have caused less damage.
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