The Asbury Park
Court of Appeals for the Second Circuit
Appeals from the District Court of the United States for the Southern District of New York. Appeal by the steamship Asbury Park and the owners of barge Tornado from decrees of the District Court (136 Fed. 269) for the Southern District of New York holding the steamship in fault for damages alleged to have been caused by displacement waves, and the owners of the boat Tornado liable for the negligence of her master, and awarding full damages against the steamship in favor of…
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Appeals from the District Court of the United States for the Southern District of New York. Appeal by the steamship Asbury Park and the owners of barge Tornado from decrees of the District Court (136 Fed. 269) for the Southern District of New York holding the steamship in fault for damages alleged to have been caused by displacement waves, and the owners of the boat Tornado liable for the negligence of her master, and awarding full damages against the steamship in favor of the assurance company for loss of cargo and one-half damages against said steamship for the loss of the Tornado.
1Opinion of the Court
TOWNSEND, Circuit Judge.
The court below has found that the swells from the steamship caused such damage to the boat Tornado that *195she subsequently became in a sinking condition, and that the master of the boat was negligent in failing to notify the tug of her damaged condition, and that by reason thereof the boat contributed to the loss.
The record establishes the correctness of the finding that the swells from the steamship caused damage to the boat, and that her master was negligent. But the evidence as to such negligence docs not justify the decree as to the award of damages. The proofs show…
2Cases cited2 opinions
- The BaltimoreSupreme Court of the United States · 1869
- The Kaiser Wilhelm Der GrosseCourt of Appeals for the Second Circuit · 1906
3Cited by10 opinions
- Southport Transit Company v. Avondale Marine Ways, Inc.Court of Appeals for the Fifth Circuit · 1956
- Todd Shipyards Corp. v. Turbine Service, Inc.District Court, E.D. Louisiana · 1978
- Sinram v. Pennsylvania R. Co.Court of Appeals for the Second Circuit · 1932
- In Re the Complaint of Seiriki Kisen KaishaDistrict Court, S.D. New York · 1986
- Federal Insurance Company, Libellants-Appellees v. S.S. Royalton, Her Engines, Etc., and Scott Misener Steamships, Ltd.Court of Appeals for the Sixth Circuit · 1964
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