The Edith L. Allen
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Southern District of New York. This cause comes here upon appeal from a decree of the district court, Southern District of New York, awarding to Neal, as owner of the tug Somers N. Smith, and to the American Salvage Company, which had a crew on board said tug, the sum of $6,500 salvage for pulling the schooner Edith L. Allen off the .eastern edge of Brigantine Shoal, on the coast of New Jersey, and towing her to the…
Read the full summary
Appeal from the District Court of the United States for the Southern District of New York. This cause comes here upon appeal from a decree of the district court, Southern District of New York, awarding to Neal, as owner of the tug Somers N. Smith, and to the American Salvage Company, which had a crew on board said tug, the sum of $6,500 salvage for pulling the schooner Edith L. Allen off the .eastern edge of Brigantine Shoal, on the coast of New Jersey, and towing her to the port of New York. The decree further awarded to Neal the sum of $1,700 for damages alleged to have been sustained by…
1Opinion of the Court
LACOMBE, Circuit Judge.
The opinion of the District Court will-be found reported in 122 Fed. 729. It sets forth the facts so fully that it is not necessary to undertake to restate them here. It will be understood that the conclusions of this court are based thereon, with such modifications only as are hereinafter set forth.
While hauling on the schooner, February 3, 1902, the tug struck bottom, certainly twice, possibly three times. These blows were very severe ones. The engineer testified that he was at the throttle, handling the engines, at the time, and that the blow came very near throwing…
2Cases cited12 opinions
- Duff v. MerrittCourt of Appeals for the Second Circuit · 1898
- Hall v. The Bay of NaplesCourt of Appeals for the Second Circuit · 1891
- Mercantile Trust Co. of N. Y. v. Missouri, K. & T. Ry. Co.U.S. Circuit Court for the District of Kansas · 1888
- Propeller Tow-Boat Co. v. GraceDistrict Court, S.D. Georgia · 1892
- The PenobscotDistrict Court, E.D. North Carolina · 1900
7 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Atlantic Transport Co. v. United StatesUnited States Court of Claims · 1930
- Huasteca Petroleum Co. v. United StatesCourt of Appeals for the Second Circuit · 1928
- Charles R. McCormick Lumber Co. of Delaware v. Hubble Towing Co.Court of Appeals for the Ninth Circuit · 1932
- The Western StarDistrict Court, W.D. Wisconsin · 1907
- The Job H. JacksonDistrict Court, E.D. North Carolina · 1908