Dailey v. Carroll
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Southern District of New York. Suit in admiralty by John D. Dailey and De Witt C. Ivins against William F. Carroll and the City of New York. Decree for libelants against respondent Carroll, and he appeals. Dailey & Ivins orally chartered from Carroll the scow Edna L. Woods, at a price that “included the captain.”
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Appeal from the District Court of the United States for the Southern District of New York. Suit in admiralty by John D. Dailey and De Witt C. Ivins against William F. Carroll and the City of New York. Decree for libelants against respondent Carroll, and he appeals. Dailey & Ivins orally chartered from Carroll the scow Edna L. Woods, at a price that “included the captain.” This “captain came with the scow,” was not paid by the charterer, and there was no arrangement that charterer could discharge him. Carroll admitted that he hired and paid the man. Libelants used this and many other scows in…
1Opinion of the CourtHough, Circuit Judge
(after stating the facts as above):
[1] There is no doubt that the oral charter of the scow Woods, even though the owner sent with it a “master” or laborer in his own pay, constituted a demise, and made the charterer a bailee. The Willie, 231 Fed. 865, 146 C. C. A. 61. This holding, repeatedly announced by this court in cases of which Hastorf v. Long, etc., Co., 239 Fed. 852, 152 C. C. A. 638, is a recent instance, has always been in respect of boats with no motive power, incapable of navigation in the sense of independently pursuing a course, and depends ultimately on the fact, commonly…
2Cases cited10 opinions
- United States v. SheaSupreme Court of the United States · 1894
- Hastorf v. F. R. Long-W. G. Broadhurst Co.Court of Appeals for the Second Circuit · 1917
- The WillieCourt of Appeals for the Second Circuit · 1916
- Robertson v. GerdanSupreme Court of the United States · 1889
- Hastorf v. Hudson River Stone Supply Co.District Court, S.D. New York · 1901
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3Cited by53 opinions
- Ira S. Bushey & Sons, Inc. v. W. E. Hedger & Co.Court of Appeals for the Second Circuit · 1930
- Tomkins Cove Stone Co. v. Bleakley Transp. Co.Court of Appeals for the Third Circuit · 1930
- Austerberry v. United StatesCourt of Appeals for the Sixth Circuit · 1948
- Burns Bros. v. Cornell Steamboat Co.Court of Appeals for the Second Circuit · 1931
- The R. Lenahan, Jr.Court of Appeals for the Second Circuit · 1931
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