Morey v. City of New Rochelle
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 Stephen W. Morey against the City of New Rochelle anc! another. From a decree for libelant for half damages only, the named respondent appeals. Libelant owned a coal barge of a not unusual size, which was sent to New Kochelle and berthed at a public wharf owned by -the city; the municipality collecting the wharfage.
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Appeal from the District Court of the United States for the Southern District of New York. Libel by Stephen W. Morey against the City of New Rochelle anc! another. From a decree for libelant for half damages only, the named respondent appeals. Libelant owned a coal barge of a not unusual size, which was sent to New Kochelle and berthed at a public wharf owned by -the city; the municipality collecting the wharfage. This wharf had been in existence for upwards of ten years, and stands upon a ledge of rock rising above the general bottom level. To get a holding or resting place on the ledge for…
1Opinion of the CourtHough, Circuit Judge
(after stating the facts as above).
[1] Admittedly the city’s responsibility is that of a wharfinger. One occupying this position is bound to “ordinary care and diligence,” and no more. Toxaway, etc., Co. v. Sulzberger, 242 Fed. 888, 155 C. C. A. 476.
[2-4] The mere fact that a wharf is so built, or that the berths alongside it are so obstructed, that special care is necessary on the part of any vessel using the wharf, is not per se evidence of that lack of care and diligence which is negligence. The existence of danger only increases the quantum of the wharfinger’s duty, and he must inform…
2Cases cited3 opinions
- Toxaway Tanning Co. v. Sulzberger & Sons Co.Court of Appeals for the Second Circuit · 1917
- Leo v. McCollumDistrict Court, E.D. New York · 1901
- Napier Shipping Co. v. Panama R.Court of Appeals for the Second Circuit · 1892
3Cited by9 opinions
- Hastorf Contracting Co. v. Ocean Transportation Corp.District Court, S.D. New York · 1923
- City Compress & Warehouse Co. v. United States the SouthportCourt of Appeals for the Fourth Circuit · 1951
- Stevens v. Maritime Warehouse Co.Court of Appeals for the Second Circuit · 1920
- C. F. Harms Co. v. Turner Const. Co.Court of Appeals for the Second Circuit · 1924
- Connecticut Fire Ins. v. Smith & Richards Lumber Co.District Court, D. New Jersey · 1939
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