The Miami
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Eastern District of New York. This cause comes here upon appeal from a decree of the district court, Eastern district of New York, dismissing the libel. 87 Fed. 757. The suit was for personal injuries sustained by the libelant, the boatswain of the steamship Miami, while lowering a topmast at sea.
1Opinion of the Court
PEE CURIAM.
The facts are fully set forth in the opinion of the district judge. We are satisfied from the evidence that the negligent act which caused the precipitate descent of the topmast was not any improper casting off of one of the turns of the chain from around the drum. The subsequent experiments indicate quite clearly that the remaining turns gave a sufficient purchase to control the descent of the topmast, if only the free end of the chain had been held taut, as it might readily have been, and paid out gradually. There is no force, therefore, in any suggestion that an improper or…
2Cases cited6 opinions
- Peterson v. The ChandosDistrict Court, D. Oregon · 1880
- McCullough v. New York, N. H. & H. R.Court of Appeals for the Second Circuit · 1894
- Quinn v. New Jersey Lighterage Co.U.S. Circuit Court for the District of Eastern New York · 1885
- Daub v. Northern Pac. Ry. Co.United States Circuit Court · 1883
- Jansen v. The SachemDistrict Court, E.D. New York · 1890
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Fogarty v. St. Louis Transfer Co.Supreme Court of Missouri · 1904
- The General De SonisDistrict Court, W.D. Washington · 1910
- Carlson v. United New York Sandy Hook Pilots' Ass'nDistrict Court, S.D. New York · 1899
- Mercurio v. LunnCourt of Appeals for the Second Circuit · 1899