Legal Opinion

Darragh v. The Dunbritton

Court of Appeals for the Second Circuit

Decided March 3, 1896PublishedCited by 7 opinions

These are appeals from decrees of the district court, Southern district of New York, dismissing libels in rein, filed to recover from the ship Dunbritton for damages to cargo sustained on a voyage from Colombo, Cochin, and Alleppy to New York. The three cases were tried together, and the evidence is voluminous.

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These are appeals from decrees of the district court, Southern district of New York, dismissing libels in rein, filed to recover from the ship Dunbritton for damages to cargo sustained on a voyage from Colombo, Cochin, and Alleppy to New York. The three cases were tried together, and the evidence is voluminous. The word “libelants” is used hereafter in this opinion, sometimes as referring to the libelants in some one of the suits, sometimes collectively to the libelants in all three suits, as the context may indicate. The decrees of the district court were entered April 25, 1894. See 61 Fed.…

1Opinion of the Court

LACOMBE, Circuit Judge.

The Dunbritton was built in 1874 or 1875. She is an iron vessel, with two decks, both wood, .and three hatches in each deck;. She is 237 feet long, 38 feet beam, 22 feet deep; 1,471 tons net, and 2,100 tons gross. On her deck she had two ventilators, one abaft the foremast, the other 6 feet aft of the mainmast. These ventilators were 5 feet high. Each was made up of three parts, — the flange, the funnel, and the cowl. The flange was a cast-iron ring inserted vertically downward into the deck the thickness of the plank, with a 3-inch horizontal rim projecting around it…

2Cases cited4 opinions

  1. The Edwin I. MorrisonSupreme Court of the United States · 1894
  2. Ardan S. S. Co. v. ThebandDistrict Court, S.D. New York · 1888
  3. Crenshawe v. PearceDistrict Court, S.D. New York · 1889
  4. Bradley Fertilizer Co. v. The Edwin I. MorrisonU.S. Circuit Court for the District of Southern New York · 1889

3Cited by7 opinions

  1. Commercial Molasses Corp. v. New York Tank Barge Corp.Supreme Court of the United States · 1941
  2. The Winfield S. CahillCourt of Appeals for the Second Circuit · 1919
  3. The MississippiDistrict Court, S.D. New York · 1902
  4. Commercial Corp. v. NY Barge Corp.Supreme Court of the United States · 1941
  5. Plummer v. Insurance Co. of North AmericaSupreme Judicial Court of Maine · 1915

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