Legal Opinion
The President Arthur
District Court, S.D. New York
Decided August 2, 1928PublishedCited by 4 opinions
1Opinion of the Court
On Exceptions to Report of Special Commissioner.
THACHER, District Judge.
Upon the question of deviation I concur with the commissioner in holding that decision is controlled by The Willdomino, 272 U. S. 718, 47 S. Ct. 261, 71 L. Ed. 491, notwithstanding the decision of the Supreme Court in The Malcolm Baxter (No. 459, October Term, 1927) 48 S. Ct. 516, 72 L. Ed. 901, decided a few days before the commissioner rendered his decision. In this ease, as in the case of The Willdomino, the ship left port with bunker coal grossly inadequate for the voyage, and this fact must have been known to her…
2Cases cited5 opinions
- St. Johns N. F. Shipping Corp. v. . S. A. Companhia Geral Commercial Do Rio De JaneiroSupreme Court of the United States · 1923
- Steamship Willdomino v. Citro Chemical Co.Supreme Court of the United States · 1927
- The Malcolm Baxter, Jr.Supreme Court of the United States · 1928
- United States Shipping Board Emergency Fleet Corp. v. Rosenberg Bros.Court of Appeals for the Ninth Circuit · 1926
- United S. S. Co. v. HaskinsCourt of Appeals for the Ninth Circuit · 1910
3Cited by4 opinions
- Weirton Steel Co. v. Isbrandtsen-Moller Co.Court of Appeals for the Second Circuit · 1942
- Lucke v. CoeCourt of Appeals for the D.C. Circuit · 1934
- Manhattan Fruit Export Corp. v. Royal Netherlands Steamship Co.District Court, S.D. New York · 1958
- Connecticut Fire Ins. v. Lake Transfer Corp.District Court, E.D. New York · 1933