Legal Opinion

The John J. Freitus

District Court, W.D. New York

Decided September 3, 1918No. 1121PublishedCited by 4 opinions

In admiralty. Libel by the Buffalo Dry Dock Company against the tug John J. Freitus, her engines, etc. On exceptions to the report of the commissioner.

1Opinion of the Court

HAZEL, District Judge.

The libelant in a proceeding in rem against the tugboat John J. Freitus claims priority for repairs, under the 40-day rule applicable to harbor tugs prevailing in the port of New York, and also under an asserted possessory lien, In re Samuel Little, *877221 Fed. 308, 137 C. C. A. 136. The season of navigation in lake ports is generally about seven months in length, but it appears that the tugboat in question was engaged in harbor lowing at Buffalo during the entire year of 1916 and the fore part of 1917. On January 2, 1917, while thus engaged, she negligently caused the…

2Cases cited5 opinions

  1. The J. W. TuckerDistrict Court, S.D. New York · 1884
  2. City of TawasDistrict Court, E.D. Michigan · 1880
  3. American Trust Co. v. W. & A. Fletcher Co.Court of Appeals for the First Circuit · 1909
  4. The Samuel LittleCourt of Appeals for the Second Circuit · 1915
  5. United States v. BarnowDistrict Court, E.D. Pennsylvania · 1915

3Cited by4 opinions

  1. Todd Shipyards Corporation v. the City of AthensDistrict Court, D. Maryland · 1949
  2. United States of Mexico v. RaskCalifornia Court of Appeal · 1931
  3. The BrimstoneCourt of Appeals for the Second Circuit · 1934
  4. The Interstate No. 2District Court, D. New Jersey · 1922

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