The Hardy
Court of Appeals for the Ninth Circuit
Appeal from the District Court of the United States for the District of Oregon; M. T. Dooling, Judge. Libel in admiralty by K. V. Kruse and another, copartners doing business as the Kruse & Banks Shipbuilding Company, on behalf of themselves and their underwriters, against M. J. Savage and others, claimants of the American steamer Hardy, her tackle, apparel, and furniture. From an adverse decree, the libelant appeals.
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Appeal from the District Court of the United States for the District of Oregon; M. T. Dooling, Judge. Libel in admiralty by K. V. Kruse and another, copartners doing business as the Kruse & Banks Shipbuilding Company, on behalf of themselves and their underwriters, against M. J. Savage and others, claimants of the American steamer Hardy, her tackle, apparel, and furniture. From an adverse decree, the libelant appeals. The steamer Hardy undertook to tow a barge for the appellants from Ooos Bay to San Francisco. The steamer left Coos Bay with the barge in tow about 5 i). in. on, September 5,…
1Opinion of the CourtGilbert, Circuit Judge
(after stating the facts as above).
[1,2] There is no dispute upon the law of the case. A vessel which undertakes a towing service is not an insurer of the safety of the tow. It meets the full measure of its obligation if it is reasonably adequate to the towing service, and is in charge of men who possess and exercise the skill and care ordinarily exercised by those having experience in like service; and where the master is shown to have been experienced and competent, much must be left to his judgment and discretion, and the burden rests on the owner of the tow to prove that loss or injury…
2Cases cited7 opinions
- The "Margaret."Supreme Court of the United States · 1877
- The Steamer SyracuseSupreme Court of the United States · 1871
- The Alijandro v. WallaceCourt of Appeals for the Ninth Circuit · 1893
- Perriam v. Pacific Coast Co.Court of Appeals for the Ninth Circuit · 1904
- The CayugaSupreme Court of the United States · 1873
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- San Francisco & P. S. S. Co. v. Leggett S. S. Co.Court of Appeals for the Ninth Circuit · 1918
- Sorenson v. Alaska S. S. Co.Court of Appeals for the Ninth Circuit · 1918
- Mengel Co. v. Inland Waterways CorporationDistrict Court, E.D. Louisiana · 1940
- Olympic Salt Water Co. v. Shipowners' & Merchants' Tugboat Co.Court of Appeals for the Ninth Circuit · 1931