Vincent v. Lake Erie Transportation Co.

Vincent v. Lake Erie Transportation Co. - damage of the...

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Vincent v. Lake Erie Transportation Co. 109 Minn. 456 (1910) Fact: Operative Facts: A cargo boat was straped to a dock, and it was due to leave that day. But that day, a big storm came in, and taking the boat out would be too hazardous. They kept the boat in and it caused damage to the dock because it rocked onto the dock, due to the winds. The dock owner is suing for damages Issue: Whether neccessity applies here. Rule: Necessity is an act on another’s property to save the life of the actor or another, from a act such as one God would make. Storm, hurrican, ect. Or an act that the actor is in no way responsible for. Rational: It was okay for the boat to stay at the dock because of the storm. The strom would have made it very unsafe to move the boat, and would risk it drifting off to sea, or hitting up against the dock. However, since the boat hit the dock, the owner of the boat is liable for the
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Unformatted text preview: damage of the dock, since he can pay it. The dock basically provided shelter, at the expense of the dock itself. It is fair to ask the owner for the expenses incured by the dock owner to repair it. Holding: Narrow: If it is too hazardous for a boat to go back into the sea, because of storms of other acts of God, then the damages done from the boat to the dock is payable, if he can pay them. Broad: If a situation makes it so you have to stay in one place longer for safety reasons, you may stay, but you must pay for the damages incured by the owner, if you can. Synthesis: Dissent/Concurrences: Lewis dissenting: Thinks that there is a complete defense, because it is a very circular reasoning. They should have used stronger cables, but the cables only needed to be stronger if the knew the strom was coming....
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This note was uploaded on 12/20/2011 for the course TORTS 131 taught by Professor Keller during the Fall '11 term at Western State Colorado University .

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