Legal Opinion

Cummings v. Pennsylvania R. Co.

Court of Appeals for the Second Circuit

Decided November 3, 1930No. 6PublishedCited by 25 opinions

1Opinion of the Court

CHASE, Circuit Judge.

This action was originally brought in the Supreme Court of the state of New York, New York county, and was removed on petition of the defendant. On March 15, 1928, the barge Edward E was orally chartered by the plaintiff to the defendant and subsequently the charter was confirmed by letter. The barge was inspected by the plaintiff, found to be in good condition, and delivered to the defendant that day. The next day the defendant notified the plaintiff that the barge was damaged, and was directed to take her to dry dock. This was done March 17th, and a survey disclosed…

2Cases cited5 opinions

  1. Clark v. United StatesSupreme Court of the United States · 1877
  2. Deserant v. Cerillos Coal RailroadSupreme Court of the United States · 1900
  3. Ira S. Bushey & Sons, Inc. v. W. E. Hedger & Co.Court of Appeals for the Second Circuit · 1930
  4. Tomkins Cove Stone Co. v. Bleakley Transp. Co.Court of Appeals for the Third Circuit · 1930
  5. Memphis Furniture Mfg. Co. v. Wemyss Furniture Co.Court of Appeals for the Sixth Circuit · 1924

3Cited by25 opinions

  1. Alpine Forwarding Co. v. Pennsylvania R. Co.Court of Appeals for the Second Circuit · 1932
  2. Atlantic Coast Line R. Co. v. DixonCourt of Appeals for the Fifth Circuit · 1951
  3. Richmond Sand & Gravel Corp. v. Tidewater Const. Corp.Court of Appeals for the Fourth Circuit · 1948
  4. Atkin F. Seltzer and Helen Seltzer, His Wife v. William W. Chesley, Jr., as Special Administrator of the Estate of Linda Joyce Berryhill, DeceasedCourt of Appeals for the Ninth Circuit · 1975
  5. Leach v. Hedger Transp. Co.Court of Appeals for the Second Circuit · 1933

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