Nicholson v. Erie R.
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Southern District of New York. Suit in admiralty by Martha Nicholson and others, owners of the barge Nicholson, against the Erie Railroad Company. Decree for libelants, and respondent appeals. Libelants own the barge Nicholson, which they chartered to respondent.
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Appeal from the District Court of the United States for the Southern District of New York. Suit in admiralty by Martha Nicholson and others, owners of the barge Nicholson, against the Erie Railroad Company. Decree for libelants, and respondent appeals. Libelants own the barge Nicholson, which they chartered to respondent. While in the possession of the charterer the barge was left by one of the railroad company’s tugs at the end of Pier 39, Brooklyn, outside'of two other barges. This occurred shortly after midnight of February 26-27, at which time' the weather was calm. By noon of February 28…
1Opinion of the Court
HOUGH, Circuit Judge.
While entertaining no doubt that the charter, by virtue of which respondent was in possession of the Nicholson, amounted to a demise, we do not ground decision on the relation *55thus established. The libel does not require consideration of this point, but charges in common form negligence in mooring and leaving the barge in “an' exposed, unsafe, and dangerous position.” We agree with the trial court that this charge is sustained by the joint effect of the following considerations: 4
[1,2] 1. It was some evidence of negligence that the navigators of respondent paid no…
2Cited by22 opinions
- Doherty v. Pennsylvania R.Court of Appeals for the Second Circuit · 1920
- Frank Jacobus Transp. Co. v. Moran Towing & Transportation Co.Court of Appeals for the Second Circuit · 1933
- McWilliams Bros. v. DavisCourt of Appeals for the Second Circuit · 1922
- Maryland Transp. Co. v. DempseyCourt of Appeals for the Fourth Circuit · 1921
- Fulton Lighterage Co. v. Erie R. Co.Court of Appeals for the Second Circuit · 1934
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