Burley v. Compagnie de Navigation Francaise
Court of Appeals for the Ninth Circuit
Appeal from the District Court oí the United States for the Western Division of the Western District oí Washington. Suit in admiralty by the Compagnie de Navigation Francaise as owner of the French barque Amiral Cecille against Thomas S. Burley and Robert McCullough doing business as the Tacoma Tug & Barge .Company. Decree for libelant (183 Fed. 166) and respondents appeal.
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Appeal from the District Court oí the United States for the Western Division of the Western District oí Washington. Suit in admiralty by the Compagnie de Navigation Francaise as owner of the French barque Amiral Cecille against Thomas S. Burley and Robert McCullough doing business as the Tacoma Tug & Barge .Company. Decree for libelant (183 Fed. 166) and respondents appeal. On November 9, 1904, the French barque Amiral Cecilio, owned by the ap-pellee herein, having taken on a cargo at Tacoma, Wash., employed the appellants to tow her to an anchorage in the harbor where she might lie until…
1Opinion of the CourtGilbert, Circuit Judge
(after stating the facts as above). [1] The appellants had notice of the' suit of the owners of the Multnomah *337against llie Amiral Cecille, and the appellant Burley testified as a witness therein. If the present case were not complicated by the defense of the appellants that, when the Cecille was placed at anchor, those who were in charge of her paid out more chain by 15 fathoms than was directed by the appellants, and that thereafter and before the col - lision she dragged her anchor, we are of the opinion that the former decision would be res judicata as to the liability of the appellants;…
2Cases cited8 opinions
- The PennsylvaniaSupreme Court of the United States · 1874
- Washington Gas Light Co. v. District of ColumbiaSupreme Court of the United States · 1896
- Robbins v. Chicago CitySupreme Court of the United States · 1867
- Belden v. ChaseSupreme Court of the United States · 1893
- Richelieu & Ontario Navigation Co. v. Boston Marine InsuranceSupreme Court of the United States · 1890
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- Imperial Refining Co. v. Kanotex Refining Co.Court of Appeals for the Eighth Circuit · 1928
- Strathleven Steamship Co. v. BaulchCourt of Appeals for the Fourth Circuit · 1917
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