Legal Opinion

The C. R. Sheffer

Court of Appeals for the Second Circuit

Decided January 16, 1918No. 105PublishedCited by 25 opinions

Appeal from the District Court of the United States for the Southern District of New York. Petition in admiralty of John D. Schoonmaker and Jacob Rice, as owners of the barge C.-R. Sheffer, for limitation of liability. Prom a decree holding the vessel liable for injury to a cargo, petitioners appeal.

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Appeal from the District Court of the United States for the Southern District of New York. Petition in admiralty of John D. Schoonmaker and Jacob Rice, as owners of the barge C.-R. Sheffer, for limitation of liability. Prom a decree holding the vessel liable for injury to a cargo, petitioners appeal. It is assumed without finding it as a fact, that the petitioners, Schoonmaker and Rice, as owners of the brick scow Sheffer, agreed with the Richmond Brick Company (claimant) to transport a full cargo of brick from Staten Island to the vicinity of MeSerole street, Brooklyn (Newtown creek). It is…

1Opinion of the CourtHough, Circuit Judge

(after stating the facts as above). [1] Assuming an agreement of carriage between scow owners and freighters, the appellants were not common carriers, for the Brick Company was given and used the full capacity of the scow, and therefore her owners were riot common, but private, carriers; i. e., bailees to transport for hire. The Fri, 154 Fed. 333, 83 C. C. A. 205, certiorari denied 210 U. S. 431, 28 Sup. Ct. 761, 52 L. Ed. 1135; The Wildeniels, 161 Fed. 864, 89 C. C. A. 58.

[2] Therefore claimant was obliged when the original seaworthiness of the Sheffer was shown to prove some act of…

2Cases cited2 opinions

  1. The FriCourt of Appeals for the Second Circuit · 1907
  2. The WildenfelsCourt of Appeals for the Second Circuit · 1908

3Cited by25 opinions

  1. Commercial Molasses Corp. v. New York Tank Barge Corp.Supreme Court of the United States · 1941
  2. Kenny v. Cornell Steamboat Co.Court of Appeals for the Second Circuit · 1921
  3. The Joseph J. HockCourt of Appeals for the Second Circuit · 1934
  4. The Steel InventorDistrict Court, D. Maryland · 1940
  5. In Re Steamship Company NordenDistrict Court, D. Maryland · 1925

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