Legal Opinion
Cleary Bros. v. Port Reading R. Co.
Court of Appeals for the Second Circuit
Decided December 3, 1928No. 47PublishedCited by 17 opinions
1Opinion of the CourtSwan, Circuit Judge
(after stating the facts as above). It is the duty of a tugmaster, who adds his tow to a moored flotilla, to inspect the lines with reference to their ability to bear the added weight under conditions of tide and weather which are to be anticipated. Penn. R. Co. v. James McWilliams Towing Line, 277 F. 798 (C. C. A. 2); McWilliams Bros. v. Davis, 285 F. 312 (C. C. A. 2). But a tug is not an insurer of the safe mooring of the flotilla, and, if the boats, or some of them, should break adrift through some latent defect or unexpected condition, which reasonable foresight and care would not have…
2Cases cited8 opinions
- McWilliams Bros. v. DavisCourt of Appeals for the Second Circuit · 1922
- Pennsylvania R. v. James McWilliams Towing LineCourt of Appeals for the Second Circuit · 1921
- The Daniel McAllisterCourt of Appeals for the Second Circuit · 1919
- The M. E. LuckenbachDistrict Court, E.D. New York · 1912
- The PantherCourt of Appeals for the Second Circuit · 1925
3 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- P. Dougherty Co. v. United States. P. Dougherty Co. v. United StatesCourt of Appeals for the Third Circuit · 1953
- Sinram v. Pennsylvania R. Co.Court of Appeals for the Second Circuit · 1932
- Exner Sand & Gravel Corporation, as Owner of the Barge Florence E., Libelant-Appellant v. Petterson Lighterage & Towing Corp.Court of Appeals for the Second Circuit · 1958
- Hansen v. E. I. Du Pont De Nemours & Co.Court of Appeals for the Second Circuit · 1929
- The GlendolaCourt of Appeals for the Second Circuit · 1931
12 more not listed; retrieve them via the Exa API.