Legal Opinion

Neall v. Genthner

Court of Appeals for the Second Circuit

Decided February 20, 1896PublishedCited by 16 opinions

Appeal from the District Court of the United States for the Eastern District of New York. This was a libel in rent by Philip J. G-entlmei* against the steam tug Hercules (Frank L. Neall, trustee, claimant) to recover damages for the loss of the barge Haugerües. The district court rendered a decree in favor of libelant (63 Fed. 268), and the claimant appealed.

1Per curiam

In (he afternoon of March 3, 1803, the tug Hercules, having in tow the barges BaugexTies and Moonbeam, both laden with coal, left. Delaware Bay for the port of Providence, passing the breakwater at 5:30 p. m. About 11 o’clock in the evening of the next day, the Saugerties having sprung a leak, and being about, to sink, hex1 crew were taken on board flu; tug, and soon after she sunk, and became, with her cargo, a total loss. Her owner brought this action to recover the value of the barge and her cargo, upon the theory that the loss was occasioned by the negligence of the tug in starting on the…

2Cited by16 opinions

  1. Winslow v. ThompsonCourt of Appeals for the First Circuit · 1904
  2. Shamrock Towing Co. v. Cornell Steamboat Co.Court of Appeals for the Second Circuit · 1932
  3. Easton & Amboy R. v. KiernanCourt of Appeals for the Second Circuit · 1898
  4. M. P. Howlett, Inc. v. Tug Michael Moran, Tug Michael Moran, Inc. And Moran Towing & Transportation Co., Inc.Court of Appeals for the Second Circuit · 1970
  5. Sullivan v. Pittsburgh Steamship Co.Michigan Supreme Court · 1925

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