The Carbonero
Court of Appeals for the First Circuit
■. Appeal from the District Court of the United States for the District of Massachusetts. ¡ In Admiralty. Libels by the Reading Company and Melville L. Cobb against tbe steam tug Carbonero. From a judgment dismissing tbe libels, libelants appeal.
Read the full summary
■. Appeal from the District Court of the United States for the District of Massachusetts. ¡ In Admiralty. Libels by the Reading Company and Melville L. Cobb against tbe steam tug Carbonero. From a judgment dismissing tbe libels, libelants appeal. Reversed. • The following is the opinion of the district court (LOWELL, District Judge): “These were libels filed against the tug Carbonero for damage suffered on February 16, 1898, by the Excelsior and St. Nicholas, two barges of its tow. and by their cargoes. At about 7:40 a. m. the “tug, with the two barges mentioned and the barge Indian Ridge,…
1Opinion of the Court
PUTNAM, Circuit Judge.
The general facts are sufficiently slated in the opinion of the learned judge who heard this case in the district court. This, however, is subject to the observation that, although that opinion states that the tug’s donkey engine broke when she tried to get up her anchor, we must hold ourselves not bound to this particular expression. It is sufficient on this point that we agree with the conclusion of the district court that the record fails to show that whatever did occur arose from the “unseaworthiness” of the tug, as that expression is applied to cases of this class.…
2Cases cited5 opinions
- The PennsylvaniaSupreme Court of the United States · 1874
- Rude v. WestcottSupreme Court of the United States · 1889
- Metropolitan S. S. Co. v. VanderbiltCourt of Appeals for the First Circuit · 1896
- New Bedford Steam Coasting Corp. v. NickersonCourt of Appeals for the First Circuit · 1897
- The ColumbianCourt of Appeals for the First Circuit · 1900
3Cited by10 opinions
- United States v. James P. Staples, Bernard D. Oslin, Richard C. CooperCourt of Appeals for the Ninth Circuit · 1958
- Jensen v. New York Life Ins. Co.Court of Appeals for the Eighth Circuit · 1931
- The DenaliCourt of Appeals for the Ninth Circuit · 1940
- Mossberg v. NutterCourt of Appeals for the First Circuit · 1903
- Reading Co. v. MunsonCourt of Appeals for the First Circuit · 1903
5 more not listed; retrieve them via the Exa API.