The Westchester
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Southern District of New York. Libel by James Dwyer and others against the steam tug Westches-ter, her engines, etc., claimed by the Red Star Towing & Transportation Company. From a decree for claimant, respondents appeal. Libelants’ boat Sinclair, loaded, was in tow of the Westchester bound from the Harlem River to West Farms when the tug became disabled by the breaking of her propeller shaft in the bushing.
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Appeal from the District Court of the United States for the Southern District of New York. Libel by James Dwyer and others against the steam tug Westches-ter, her engines, etc., claimed by the Red Star Towing & Transportation Company. From a decree for claimant, respondents appeal. Libelants’ boat Sinclair, loaded, was in tow of the Westchester bound from the Harlem River to West Farms when the tug became disabled by the breaking of her propeller shaft in the bushing. This occurred between Mill Rock and Ward’s Island shortly before 10 a. m. The stage of the tide does not appear. The disaster…
1Opinion of the CourtHough, Circuit Judge
(after stating the facts as above).
[1] From the fact that a piece was found broken out of the tug’s propeller it is argued that she must have struck a submerged log or other similar obstacle; but there is no evidence on that point, and we cannot infer such an obstruction from the mere chipping of the propeller blade. Nor is there any evidence to show that a shock insufficient to materially injure the propeller should have broken a good shaft. We cannot concur- with the finding of the court below that this case is an instance of inevitable accident. It is enough to refer to our judgment in Re…
2Cases cited6 opinions
- Rice v. Brooklyn Ash Removal Co.Court of Appeals for the Second Circuit · 1918
- The SunnysideCourt of Appeals for the Second Circuit · 1918
- The M. E. LuckenbachDistrict Court, E.D. New York · 1912
- The MasonCourt of Appeals for the Second Circuit · 1918
- The M. E. LuckenbachCourt of Appeals for the Second Circuit · 1914
1 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- The RosaliaCourt of Appeals for the Second Circuit · 1920
- Delta Marine Drilling Company v. M/v Baroid Ranger, in Rem, and National Lead Company (Baroid Division), in PersonamCourt of Appeals for the Fifth Circuit · 1972
- Cranberry Creek Coal Co. v. Red Star Towing & Transp. Co.Court of Appeals for the Second Circuit · 1929
- Pennsylvania R. Co. v. Downer Towing CorporationCourt of Appeals for the Second Circuit · 1926
- The Anna C. MinchCourt of Appeals for the Second Circuit · 1921
13 more not listed; retrieve them via the Exa API.