The Carroll
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Southern District of New York. Suit in admiralty by Lewis K. Thurlow, owner of the barge Panay, against the New England Steamship Company, Skeffington S. Norton, Joseph T. Lilly, John JB. O’Reilly, and John T. Farrell, composing the firm of Norton, Lilly & Co., and the steamtug Carroll, the Carroll Towing Line, claimant. Decree for libelant against the New England Steamship Company, which appeals.
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Appeal from the District Court of the United States for the Southern District of New York. Suit in admiralty by Lewis K. Thurlow, owner of the barge Panay, against the New England Steamship Company, Skeffington S. Norton, Joseph T. Lilly, John JB. O’Reilly, and John T. Farrell, composing the firm of Norton, Lilly & Co., and the steamtug Carroll, the Carroll Towing Line, claimant. Decree for libelant against the New England Steamship Company, which appeals. Libelant owns the barge l’anay, and sued for injury to that vessel, caused by unnecessary exposure to a severe gale. The Pan-iy was…
1Opinion of the CourtHough, Circuit Judge
(after stating the facts as above). That the charter party was a demise, and made the New England Steamship Company a bailee, admits of no doubt. There was not even the usual hiring of the boat and taking the master with her, he remaining under owner’s pay, which we have repeatedly held to constitute a demise in respect of harbor craft. Hastorf v. Long, etc., Co., 239 Fed. 852, 152 C. C. A. 638; Monk v. Cornell, etc., Co., 198 Fed. 472, 117 C. C. A. 232. This scow master was entirely the servant of the charterer ; the charterer appointed and controlled him; that he came with the boat is not…
2Cases cited3 opinions
- Monk v. Cornell Steamboat Co.Court of Appeals for the Second Circuit · 1912
- Hastorf v. F. R. Long-W. G. Broadhurst Co.Court of Appeals for the Second Circuit · 1917
- Hahlo v. BenedictCourt of Appeals for the Second Circuit · 1914
3Cited by6 opinions
- Dailey v. CarrollCourt of Appeals for the Second Circuit · 1917
- The D., L. & W. No. 442Court of Appeals for the Second Circuit · 1929
- Causey v. Cottman Co.Court of Appeals for the Fourth Circuit · 1926
- Empire Brick & Supply Co. v. HinesDistrict Court, S.D. New York · 1921
- Fidelity & Deposit Co. v. Sanford & Brooks Co.Court of Appeals of Maryland · 1930
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