Castle v. The Packer
U.S. Circuit Court for the District of Southern New York
Appeal from district court, Southern district of New York. Reported 22 Fed. Rep. 668. Libel in rem, by the master of the canal-boat against a tug, for negligent towage. The service was undertaken by the respondent with some reluctance in consequence of danger from the ice. The libelant undertook to assume the risk, provided the tug would obey his directions.
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Appeal from district court, Southern district of New York. Reported 22 Fed. Rep. 668. Libel in rem, by the master of the canal-boat against a tug, for negligent towage. The service was undertaken by the respondent with some reluctance in consequence of danger from the ice. The libelant undertook to assume the risk, provided the tug would obey his directions. The district court decreed against the tug, on the ground that the master of the tug should have broken a passage through the ice before entering it with the tow, but adjudged that the damages should be apportioned because the master of…
1Opinion of the CourtWallace, J.
On the eighth day of February, 1883, the tug Packer undertook to tow the libelant’s canal-boat, the Enterprise, from Elizabethport to Newark, in order to enable the Enterprise to complete a voyage to Newark from Cheesequake creek. The Enterprise had made a towage contract for the whole voyage from Cheesequake creek with the owners of the line of tugs of which the Parker was one, and under that contract she had been towed by the Mary Ann, another tug of the line, to Eljzabethport, on the ninth day of January preceding, when her voyage was interrupted by the ice in Newark bay, and she was left…
2Cases cited2 opinions
- The SyracuseU.S. Circuit Court for the District of Southern New York · 1867
- The PrincetonU.S. Circuit Court for the District of Southern New York · 1853
3Cited by13 opinions
- Monk v. Cornell Steamboat Co.Court of Appeals for the Second Circuit · 1912
- Dow Chemical Company v. Tug Thomas AllenDistrict Court, E.D. Louisiana · 1972
- Atlantic, Gulf & Pacific Co. v. LuckenbachDistrict Court, E.D. New York · 1903
- Neall v. SchraderCourt of Appeals for the Third Circuit · 1896
- The PhœnixDistrict Court, S.D. New York · 1905
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