The Carrie L. Tyler
Court of Appeals for the Fourth Circuit
Appeal from the District Court of the United States for the Eastern District of North Carolina, at Wilmington, in Admiralty. “The barge Carrie L. Tyler has been employed in carrying phosphate rock from the port of Charleston, S. C., to the port of Wilmington, N. C. Her tonnage is 565 tons gross, 503 tons net. She is enrolled at Charleston. She draws 18 feet.
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Appeal from the District Court of the United States for the Eastern District of North Carolina, at Wilmington, in Admiralty. “The barge Carrie L. Tyler has been employed in carrying phosphate rock from the port of Charleston, S. C., to the port of Wilmington, N. C. Her tonnage is 565 tons gross, 503 tons net. She is enrolled at Charleston. She draws 18 feet. This barge carries two low masts, with a spread of sails used to steady her at sea, but entirely incapable of propelling her; and, in fact,-she is without any propelling power whatever. When she was towed towards the mouth of Cape Fear…
1Opinion of the CourtBimonton, Circuit Judge
(after stating the facts as above). No objection lias been or can be made to the jurisdiction of the court beiow. Hobart v. Drogan, 10 Ret. 120, 9 L. Ed. 363. Nor can any objection be made to the provision of the law giving a pilot the same fees for services tendered and refused as he would have earned if the services had been accepted and performed. Cooley v. Board, 12 How. 299, 13 L. Ed. 996. The sole question in the case is this: Was this barge, being wholly without motive power of any kind, bound by law to accept the services of a pilot while she was in tow of a steam tug, whose master…
2Cases cited10 opinions
- Cooley v. Board of Wardens of Port of Philadelphia Ex Rel. Soc. for Relief of Distressed PilotsSupreme Court of the United States · 1852
- Steamship Co. v. JoliffeSupreme Court of the United States · 1865
- Spraigue v. ThompsonSupreme Court of the United States · 1886
- Cushing v. Owners of the Ship John FraserSupreme Court of the United States · 1859
- Wilson v. McNameeSupreme Court of the United States · 1881
5 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- The W. G. MasonCourt of Appeals for the Second Circuit · 1905
- The CoastwiseCourt of Appeals for the First Circuit · 1916
- The AnthraciteDistrict Court, S.D. New York · 1908
- The QueenCourt of Appeals for the Ninth Circuit · 1913
- Craig v. Gulf Barge & Towing Co.Supreme Court of North Carolina · 1931
2 more not listed; retrieve them via the Exa API.