Henry Du Bois Sons Co. v. Pennsylvania R. Co.
Court of Appeals for the Second Circuit
1Opinion of the CourtChase, Circuit Judge
(after stating the facts as above).
Although the evidence is rather meager, the conclusion is inescapable that the Margaret G did, when she sank, slide out under the dredge, and, by hitting the spud, do the damage occasioned the dredge. The Mercer tied her up Sunday morning. We may assume that her leaking condition made this ■necessary, but, of course, there was no immediate danger of her then sinking, and the Mercer had ample time to fulfill whatever may ■have been its duty to give her á safe berth. ■ That she would probably sink if left to her • own devices m'ay be taken for granted, since…
2Cases cited8 opinions
- Kenny v. Cornell Steamboat Co.Court of Appeals for the Second Circuit · 1921
- Doherty v. Pennsylvania R.Court of Appeals for the Second Circuit · 1920
- JenksDistrict Court, N.D. New York · 1893
- The M. J. CummingsDistrict Court, N.D. New York · 1883
- The Joseph F. ClintonCourt of Appeals for the Second Circuit · 1918
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3Cited by25 opinions
- Petitions of the Kinsman Transit Company, as Owner and Operator of the Steamer MacGilvray Shiras, and of Midland Steamship Line, Inc., as Owner and Operator of the Steamer Michael K. Tewksbury, Their Engines, Etc., for Exoneration From or Limitation of Liability, City of Buffalo, Claimant-Respondent-Appellant, Kelley Island New York Corporation, Claimants-AppelleesCourt of Appeals for the Second Circuit · 1964
- Curtis Bay Towing Co. Of Virginia, Inc. v. Southern Lighterage Corp. The J. Alvah Clark. The Covered WagonCourt of Appeals for the Fourth Circuit · 1952
- In re Kinsman Transit Co.Court of Appeals for the Second Circuit · 1964
- Sinram v. Pennsylvania R. Co.Court of Appeals for the Second Circuit · 1932
- River Terminals Corporation v. Southwestern Sugar and Molasses Company, Inc.Court of Appeals for the Fifth Circuit · 1960
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