Legal Opinion

The No. 6

Court of Appeals for the Second Circuit

Decided February 6, 1917No. 64PublishedCited by 10 opinions

Appeal from the District Court of the United Stages for the Southern District of New York. Petition in admiralty of the R. G: Packard Company, owner of steam dredge No. 6, for limitation of liability. From a decree holding the dredge without- fault for injury to a gas pipe, the Standard Gaslight Company of the City of New York appeals.

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Appeal from the District Court of the United Stages for the Southern District of New York. Petition in admiralty of the R. G: Packard Company, owner of steam dredge No. 6, for limitation of liability. From a decree holding the dredge without- fault for injury to a gas pipe, the Standard Gaslight Company of the City of New York appeals. The final decree &f tlie District Court was entered upon the petition of the R-, G. Packard Company as owner of dredge No. 6, adjudging said dredge to have been without fault in respect of the injury set forth in the petition. Petitioner’s dredge was engaged in…

1Opinion of the CourtHough, Circuit Judge

(after stating the facts as above). While this appeal rests principally upon alleged infirmity of jurisdiction in the court below, error is also asserted in that the trial judge failed to find the breaking of the Standard Company’s main a trespass, and refused to deny limitation on the ground of privity or knowledge imputable to the Packard Company.

[ 1 ] Release from all liability was granted because petitioner affirmatively proved freedom from negligence in the management' of its dredge; whereas, if the injury to the main resulted from a trespass, no exercise of care would avoid…

2Cases cited6 opinions

  1. Richardson v. HarmonSupreme Court of the United States · 1911
  2. In re P. Sanford Ross, Inc.Court of Appeals for the Second Circuit · 1913
  3. In re Jeremiah Smith & Sons, Inc.Court of Appeals for the Second Circuit · 1911
  4. Frontier Telephone Co. v. HeppNew York Supreme Court · 1910
  5. Western Union Tel. Co. v. Inman & I. Steamship Co.Court of Appeals for the Second Circuit · 1894

1 more not listed; retrieve them via the Exa API.

3Cited by10 opinions

  1. In Re Highland Nav. CorporationDistrict Court, S.D. New York · 1927
  2. Boston Towboat Co. v. Darrow-Mann Co.Court of Appeals for the First Circuit · 1921
  3. The Irving F. RossDistrict Court, D. Massachusetts · 1923
  4. Essex County Electric Company v. Motor Ship GodafossDistrict Court, D. Massachusetts · 1955
  5. In Re CarterDistrict Court, D. Connecticut · 2010

5 more not listed; retrieve them via the Exa API.

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