The Eli B. Conine
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Southern District of New York. Suit in admiralty by Ferdinand Gildersleeve and Olive Gildersleeve & Sons, Incorporated, owners of the barge Lillian, against the steam lug Eli B. Conine; the Cornell Steamboat Company, claimant. Decree for libelants, and claimant appeals. January 3, 1913, was contemporaneously noted by the district forecaster in New York City as “one of the notable windy days of record.”
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Appeal from the District Court of the United States for the Southern District of New York. Suit in admiralty by Ferdinand Gildersleeve and Olive Gildersleeve & Sons, Incorporated, owners of the barge Lillian, against the steam lug Eli B. Conine; the Cornell Steamboat Company, claimant. Decree for libelants, and claimant appeals. January 3, 1913, was contemporaneously noted by the district forecaster in New York City as “one of the notable windy days of record.” The hourly movement rose from 31 miles between 6 and 7 a. m. to 62 miles between 12 noon and 1 p. m., with a maximum of 66 miles.…
1Opinion of the CourtHough, District Judge
(after stating the facts as above). Caution in tempestuous weather is of course obligatory, even in narrow and sheltered waters; and danger arises for harbor craft, when stronger or better built vessels would run no risk. Care is largely measured by what is to be taken care of. The navigators of these towing tugs knew, or were bound to know, that they had in charge, not one, but several, boats of little freeboard, filled with coal, and easily swamped, if exposed to the full force of waves, moderate when measured by what is to be expected in open waters.
It was known, also, that a…
2Cited by15 opinions
- The Clarence L. BlakesleeCourt of Appeals for the Second Circuit · 1917
- White v. Upper Hudson Stone Co.Court of Appeals for the Second Circuit · 1917
- Johnson v. United StatesCourt of Appeals for the Second Circuit · 1935
- Shamrock Towing Co. v. Cornell Steamboat Co.District Court, S.D. New York · 1930
- Interports Transp. Corp. v. Maine Seaboard Paper Co.Court of Appeals for the Second Circuit · 1937
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