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NECESSITY AND RESTITUTION

Published online by Cambridge University Press:  08 August 2002

Dennis Klimchuk
Affiliation:
The University of Western Ontario

Abstract

On November 27, 1905, the steamship Reynolds was moored to Vincent’s dock for the purposes of unloading its cargo, when a violent storm arose. The captain signalled for a tug to tow the ship from the dock after the cargo had been unloaded, but none could be obtained, because the waters had become too rough. It was too dangerous to cast off, and as the lines holding the ship to the dock became frayed, the crew replaced them. The Reynolds was repeatedly thrown against the dock, causing considerable damage to it. The ship’s owner, the Lake Erie Transportation Company, was held liable for the cost of the damage. Defendant’s appeal against an order denying a new trial was dismissed by a two to one majority of the Supreme Court of Minnesota in an opinion that has since enjoyed considerable and consistent attention.Vincent v. Lake Erie Transportation Co., 124 N.W. 221 (Minn. Sup. Ct. 1910).

Type
Research Article
Copyright
© 1999 Cambridge University Press

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