The Britannia
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Eastern District of New York. This cause comes here upon cross-appeals from a decree in favor of' libelant for $813.67. The libel charges negligent towage in leaving the tow at an unsafe berth, where at low tide she grounded on a rocky bottom. The claimant appeals on the ground that no negligence has been shown on the part of the tug; libelant appeals on the ground of insufficient damages.
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Appeal from the District Court of the United States for the Eastern District of New York. This cause comes here upon cross-appeals from a decree in favor of' libelant for $813.67. The libel charges negligent towage in leaving the tow at an unsafe berth, where at low tide she grounded on a rocky bottom. The claimant appeals on the ground that no negligence has been shown on the part of the tug; libelant appeals on the ground of insufficient damages. The opinion of the District Judge will be found in 196 Fed. 553.
1Opinion of the Court
LACOMBE, Circuit Judge.
The Britannia about 9 p. m. took in tow the barge Doherty having on board 300 tons of ice to be delivered to the workhouse on Blackwell’s Island. He arrived off the Island a few minutes before midnight. The captain of the barge says she drew loaded 9% feet and on the night in question about 7 feet. The captain of the tug says that he “judged by what she had into her” that she drew about 5 feet; apparently he made no inquiry of her master as to her draft. He says that he proceeded up the channel on the east side of the island towards a long dock he knew of located near…
2Cases cited1 opinion
- The "Margaret."Supreme Court of the United States · 1877
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