Legal Opinion

The Mercer

Court of Appeals for the Second Circuit

Decided January 25, 1924No. 190PublishedCited by 8 opinions

1Opinion of the CourtRogers, Circuit Judge

(after stating the facts as above). It appears that on December 22, 1920, the tug Mercer, with a loaded coal barge on each side, started from Newtown Creek at Hunter’s Point with the intention of going up Harlem river as far as Ninety-Sixth street. One of the barges, the William E. Cleary, had on 1,273 tons of coal. The other barge was the O’Boyle Brothers, and was somewhat smaller than the William E. Cleary. When the tug got to a point in the Harlem river, off about Eighty-Sixth street, the tug Mercer became disabled and drifted from that point with its tow into Hell Gate over close to Pot’s…

2Cases cited3 opinions

  1. McConnochie v. KerrDistrict Court, S.D. New York · 1881
  2. The SaragossaDistrict Court, S.D. New York · 1867
  3. Ferguson v. Providence Washington Ins.District Court, S.D. New York · 1903

3Cited by8 opinions

  1. People of the Living God v. Star Towing Co.District Court, E.D. Louisiana · 1968
  2. Markakis v. S/S VOLENDAMDistrict Court, S.D. New York · 1980
  3. Petition of United StatesDistrict Court, D. Oregon · 1963
  4. In Re the Complaint of the City of New York, as Owner & Operator of the M/V Andrew J. BarberiDistrict Court, E.D. New York · 2008
  5. The Daniel KernDistrict Court, W.D. Washington · 1928

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