Legal Opinion
The Leader
U.S. Circuit Court for the District of Western Pennsylvania
Decided September 23, 1910No. 5PublishedCited by 2 opinions
In Admiralty. Suit by the Enterprise Contracting Company against the steamer Leader; S. W. Carpenter, claimant.
1Opinion of the Court
ORR, District Judge.
The libelant seeks to recover damages for injuries to a tow, alleged to be the result of negligence on the part of respondent and her officers, who were doing the towing.
It is proper to consider first the measure of duty arising from tow-age service. In Steamer Webb, 14 Wall. 406, 20 L. Ed. 774, Mr. Justice Strong says:
“It must be conceded that an engagement to tow does not impose either an obligation to insure or the liability of common carriers. The burden is always upon him who alleges the breach of such a contract to show, either that there has been no attempt at…
2Cases cited9 opinions
- The Steamer WebbSupreme Court of the United States · 1872
- The WinnieCourt of Appeals for the Second Circuit · 1906
- Ward v. ChamberlainSupreme Court of the United States · 1859
- The W. H. SimpsonCourt of Appeals for the Seventh Circuit · 1897
- Southwestern Transp. Co. v. Pittsburg Coal Co.District Court, E.D. Louisiana · 1890
4 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Cioffi v. New Zealand Shipping Co.District Court, S.D. New York · 1947
- The EnterpriseU.S. Circuit Court for the District of Western Pennsylvania · 1910