Legal Opinion

The Princeton

U.S. Circuit Court for the District of Southern New York

Decided September 30, 1853PublishedCited by 4 opinions

[Appeal from the district court of the United States for the Southern district of New York.] This was a libel in rem, filed in the district court against the steam-tug Princeton, to recover the value of a cargo of coal which was lost by the sinking of a canal-boat on which it was laden.

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[Appeal from the district court of the United States for the Southern district of New York.] This was a libel in rem, filed in the district court against the steam-tug Princeton, to recover the value of a cargo of coal which was lost by the sinking of a canal-boat on which it was laden. The canal-boat was towed by the tug from the Raritan river, in New Jersey, to the port of New York, under the following order, signed by the agent of the claimants: “December 10th, 1S47. To the Captains of the Steam Towboats of the Delaware and Raritan Canal and the Camden and Amboy Railroad and Transportation…

1Opinion of the Court

NELSON, Circuit Justice.

Under the contract in this case, the tug is responsible only for the exercise of ordinary skill and diligence in her navigation — such care and diligence as a prudent man would exercise, under like circumstances, in regard to his own affairs. In other words, the tug is liable for negligence, by which I mean the absence of ordinary and reasonable care and attention in her navigation. It is urged by the claimants, that, under this contract, she can be made liable only in case of gross negligence. It is somewhat difficult, however, to understand exactly what is meant by…

2Cited by4 opinions

  1. Doherty v. Pennsylvania R.Court of Appeals for the Second Circuit · 1920
  2. JenksDistrict Court, N.D. New York · 1893
  3. Castle v. The PackerU.S. Circuit Court for the District of Southern New York · 1886
  4. Milton v. Hudson River Steamboat Co.New York Supreme Court · 1871

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