Navigazione Generale Italiana v. Timmins
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 the Navigazione Generale Italiana against Edward M. Tim-mins, with the steamtug Edward G. Murray, the Edward G. Murray Lighterage & Transportation Company, claimant, impleaded, and others. From an adverse decree the claimant of the Murray appeals. Libelant sues as owner of steamship Proeida.
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Appeal from the District Court of the United States for the Southern District of New York. Libel by the Navigazione Generale Italiana against Edward M. Tim-mins, with the steamtug Edward G. Murray, the Edward G. Murray Lighterage & Transportation Company, claimant, impleaded, and others. From an adverse decree the claimant of the Murray appeals. Libelant sues as owner of steamship Proeida. On February 8, 1916, that steamer, without cargo, and without steam in her boilers, lay at a pier iu the Erie Basin, Brooklyn. She had been repaired at the Robins Drydock and equipped with a refrigerating…
1Opinion of the CourtHough, Circuit Judge
(after stating the facts as above). [1] Although all the tugs engaged were under the general direction of Capt. Keene, yet each in performing the duty assigned her was exclusively under the control of her own master, and acted independently in doing her part of the work. It follows, under The W. G. Mason, 142 Fed. 913, 74 C. C. A. 83, and The Anthracite, 168 Fed. 693, 94 C. C. A. 179, that liability in rem must first be ascertained by inquiring what if any marine tort any tug committed.
[2] None has been alleged against the John J. Timmins, and we agree with the court below that the McCaldin…
2Cases cited7 opinions
- The ChinaSupreme Court of the United States · 1869
- Homer Ramsdell Transportation Co. v. La Compagnie Générale TransatlantiqueSupreme Court of the United States · 1901
- The W. G. MasonCourt of Appeals for the Second Circuit · 1905
- The ManchionealCourt of Appeals for the Second Circuit · 1917
- The AnthraciteCourt of Appeals for the Second Circuit · 1909
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- Pennsylvania Railroad Company v. The BeatriceCourt of Appeals for the Second Circuit · 1960
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