The Sunswick
U.S. Circuit Court for the District of Southern New York
[Appeal from the district court of the United States for the Southern district of New York.] . This was a libel in rem, filed in the district court, against a lighter called the Sunswick, to recover damages for the nondelivery of a quantity of railroad iron, in pursuance of a contract of affreightment, at a point on the Hackensack river, where a new bridge was being constructed. The iron was taken from Wetmore’s dock, in Brooklyn.
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[Appeal from the district court of the United States for the Southern district of New York.] . This was a libel in rem, filed in the district court, against a lighter called the Sunswick, to recover damages for the nondelivery of a quantity of railroad iron, in pursuance of a contract of affreightment, at a point on the Hackensack river, where a new bridge was being constructed. The iron was taken from Wetmore’s dock, in Brooklyn. The lighter capsized, with the iron on board, as she was entering the Kills, and hence failed to deliver it. The district court decreed for the libel-lants [case…
1Opinion of the Court
NELSON, Circuit Justice.
The main point in the defence is, that there was no contract of affreightment made on behalf of the vessel, but, on the contrary, that it was a contract of hire by the libellants, of the vessel and her crew, she to be navigated by them, and on their own responsibility. The contract was made between Hedenberg, the owner and claimant, and an agent of the libel-lants. Both of them were examined before the court below, the one sustaining the contract, as one for freight in the usual way, and the other the hiring of vessel and her crew, she to be under the exclusive control…
2Cited by7 opinions
- City of Cleveland v. ChisholmCourt of Appeals for the Sixth Circuit · 1898
- Boston & Philadelphia S. S. Co. v. ScottU.S. Circuit Court for the District of Massachusetts · 1891
- City of St. Louis v. The Maggie P.U.S. Circuit Court for the District of Eastern Missouri · 1885
- Post v. Boston & Philadelphia S. S. Co.U.S. Circuit Court for the District of Massachusetts · 1891
- In Re HawkinsSupreme Court of the United States · 1893
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