Vincent v. Lake Erie Transportation Co.
MN Ct of Appeals- 1910
- D had moored its ship to P's dock to unload cargo.
- At the time of unloading a storm developed, and navigation was suspended until the next day.
- The crew of the ship fastened the vessel to the dock until the next morning.
- The storm caused the ship to damage the dock.
- P sued D for damages to the dock.
- Trial court ruled for P.
- Ct of Appeals affirmed.
- Is an individual who damages the property of another as a result of private necessity liable for the damage to that individual's property?
- An individual who damages the property of another as a result of private necessity is liable for the damage to that individual's property.
- The storm was such that it wouldn't have made sense for the master of the ship to leave the dock.
- D contends that because the master exercised good judgment, it should not be liable.
- However, D deliberately held the ship at the expense of the dock, so they are liable to the P for the damages to the dock.