The W. E. Gladwish
U.S. Circuit Court for the District of Southern New York
This was an appeal by the libellant from a decree of the district court, in a suit in rem, in admiralty, dismissing the libel. [Case unreported.] This court found the following facts: “The Eastern Transportation Line, having its office in the city of New York, was engaged in the business of towing boats and vessels for hire, between New York and ports on Long Island Sound, and elsewhere.
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This was an appeal by the libellant from a decree of the district court, in a suit in rem, in admiralty, dismissing the libel. [Case unreported.] This court found the following facts: “The Eastern Transportation Line, having its office in the city of New York, was engaged in the business of towing boats and vessels for hire, between New York and ports on Long Island Sound, and elsewhere. It was the owner of various tug boats, employed in its business, and. among others, the TV E. Gladwish, the F. B. Thurber and the Francis King. The A. W. Humphreys was a barge, or canal boat, owned by her…
1Opinion of the Court
WAITE, Circuit Justice.
The contract for the transportation of the car wneels was between the libellant and the barge only. The tugs are in no way responsible to the libellant for the performance of that contract. Their liability is under their contract of towage only, as to which the libellant is bound by the terms agreed on by the barge. As it was known, when the cargo was shipped, that the barge would be towed to her place of destination, the shipper, in the absence of anything to the contrary, is presumed to have left the time and the manner of the tow-age to the discretion of those in…
2Cited by11 opinions
- Philadelphia & R. R. v. The Allie & EvieDistrict Court, S.D. New York · 1885
- Eastern Tar Products Corp. v. Chesapeake Oil Transport Co.Court of Appeals for the Fourth Circuit · 1939
- Neall v. SchraderCourt of Appeals for the Third Circuit · 1896
- Continental Ins. v. The Frederick E. IvesDistrict Court, S.D. New York · 1885
- The James P. DonaldsonDistrict Court, E.D. Michigan · 1883
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