The Adah
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Eastern District of New York.. Petition of Charles A. Fox, owner of the deck scow Adah, for limitation of ■ liability. From the decree Beer, Sondheimer & Co. and Brady & Gioe, Incorporated, appeal. In April, 1915, the petitioner, Fox, owned the scow Adah. This vessel is the usual type of harbor deck scow, 94 feet long on the flat bottom, 112 feet over all, 33 feet beam, 10 foot side, and 22 inches sheer.
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Appeal from the District Court of the United States for the Eastern District of New York.. Petition of Charles A. Fox, owner of the deck scow Adah, for limitation of ■ liability. From the decree Beer, Sondheimer & Co. and Brady & Gioe, Incorporated, appeal. In April, 1915, the petitioner, Fox, owned the scow Adah. This vessel is the usual type of harbor deck scow, 94 feet long on the flat bottom, 112 feet over all, 33 feet beam, 10 foot side, and 22 inches sheer. She was to carry all her load on deck, and was calculated to be “decks to” with about 765 tons aboard. The scow herself displaced…
1Opinion of the CourtHough, Circuit Judge
(after stating the facts as above). The relation of Jacobus to the other parties presents no question of law. The statement of fact prefixed to this opinion sufficiently indicates that on this point we agree with the court below. Nor does the contention, that Fox has no right to limit liability require discussion. Let it be admitted that, if he had chartered to Jacobus an unseaworthy boat, he could not limit, under Benner Line v. Pendleton, 217 Fed. 497, 133 C. C. A. 349, affirmed Pendleton v. Benner Line, 246 U. S. 353, 38 Sup. Ct. 330, 62 L. Ed. 770. But that does not mean that he could…
2Cases cited9 opinions
- Pendleton v. Benner LineSupreme Court of the United States · 1918
- Ashton v. . City of RochesterNew York Court of Appeals · 1892
- Green v. BogueSupreme Court of the United States · 1895
- Van Etten v. . NewtonNew York Court of Appeals · 1892
- Line v. PendletonCourt of Appeals for the Second Circuit · 1914
4 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- British Transport Commission v. United StatesSupreme Court of the United States · 1957
- Hugev v. Dampskisaktieselskabet InternationalDistrict Court, S.D. California · 1959
- Seaboard Sand & Gravel Corp. v. Moran Towing Corp.Court of Appeals for the Second Circuit · 1946
- Hastorf Contracting Co. v. Ocean Transportation Corp.District Court, S.D. New York · 1923
- Lavino Shipping Co. v. S. C. Loveland Co.Court of Appeals for the Third Circuit · 1940
10 more not listed; retrieve them via the Exa API.