Eastern Massachusetts Street Ry. Co. v. Transmarine Corp.
Court of Appeals for the First Circuit
In the libel, after setting out that it was a New Jersey corporation engaged in operating and chartering steamships and was' the owner pro hae vice of the steamer Surico, and that the Pore River Coal Company was a Massachusetts corporation, the libelant alleged: (1) That on or about the 31st day of January, 1927, it chartered to the coal company “the full coal-carrying capacity of the steamer Surico for two consecutive voyages from Hampton Roads, Virginia, to discharging…
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In the libel, after setting out that it was a New Jersey corporation engaged in operating and chartering steamships and was' the owner pro hae vice of the steamer Surico, and that the Pore River Coal Company was a Massachusetts corporation, the libelant alleged: (1) That on or about the 31st day of January, 1927, it chartered to the coal company “the full coal-carrying capacity of the steamer Surico for two consecutive voyages from Hampton Roads, Virginia, to discharging berth alongside wharf of the Eastern Massachusetts Street Railway Company, Pore River, Quincy, in the State of…
1DissentMorton, District Judge
On the question of pleading I concur in the result.
The case really turns on whether the accident was caused by carelessness in tying up the steamer, or by a defective condition of the wharf, or by both. These points are not discussed either in the opinion of the District Judge or in that of this court. The Surico, in breaking away, pulled bodily off the top of the wharf the stone to which the mooring bit was attached and two- other stones in front of it, the three having a combined weight of about fifteen tons; a,stone under these, the weight of which is not given, was moved out about a foot.…
2Cases cited1 opinion
- Girard Point Storage Co. v. RoyCourt of Appeals for the Third Circuit · 1899