The New York
District Court, E.D. New York
This was a libel in rem by Edward O. Smith and another, as receivers of the Vermont Central Railroad Company, against the barge New York, to recover damages for an injury to cargo, alleged to have resulted from the unseaworthiness of the barge.
1Opinion of the Court
THOMAS, District Judge.
In September, 1895, the Vermont Central Railroad Company, of which the libelants are now receivers, entered into a contract with the claimant for the use by the said company of a barge, at an agreed price of $10 per day, which included the *496serviced of the man furnished and paid by the owner of the vessel, wrho should accompany the barge during her use by the railroad company. In the preceding May an agent of the company'had examined the barge, and learned “what sort of a barge she was, as far as her capacity went, and that she would answer our purpose.” The agent…
2Cases cited19 opinions
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- Vandewater v. MillsSupreme Court of the United States · 1857
- People's Ferry Company of Boston v. BeersSupreme Court of the United States · 1858
- Leary v. United StatesSupreme Court of the United States · 1872
- EJ DuPont De Nemours & Co. v. VanceSupreme Court of the United States · 1857
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3Cited by19 opinions
- Nichimen Company, Inc. v. M. v. Farland, Her Engines, Boilers, Etc., and A/s Vigra, Defendants-Appellants-Appellees v. Seaboard Shipping Co., Ltd.Court of Appeals for the Second Circuit · 1972
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- Cannella v. Lykes Bros. SS Co.Court of Appeals for the Second Circuit · 1949
- Line v. PendletonCourt of Appeals for the Second Circuit · 1914
- National Surety Co. v. United StatesCourt of Appeals for the Eighth Circuit · 1904
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