Goldsmith v. The Syracuse
U.S. Circuit Court for the District of Southern New York
In Admiralty. Libel for damages. On appeal from district court. Proceedings in rem by libelant, Goldsmith, against the steam-boat Syracuse for damage done to libelant’s canal-boat by certain other tugs while in charge of a tow consisting of libelant’s boat and others, preparatory to -and before making fast to the Syracuse, which was to convey the tow to New York.
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In Admiralty. Libel for damages. On appeal from district court. Proceedings in rem by libelant, Goldsmith, against the steam-boat Syracuse for damage done to libelant’s canal-boat by certain other tugs while in charge of a tow consisting of libelant’s boat and others, preparatory to -and before making fast to the Syracuse, which was to convey the tow to New York. The contract for towage was with the Schuyler Towing Company, by whom the tugs and the Syracuse were owned, but it did not specify the particular boat that should do the towing. The libel was dismissed by the district court, and…
1Opinion of the CourtWallace, J.
If the towage contract in this case had been made with the master of the Syracuse, or if the suit were in personam against her owner, the question whether the injuries received by the tow were in consequence of what was done before or after the Syracuse made fast to the tow would be immaterial. But as this is a suit in rem against the steam-boat it can only be sustained by evidence of negligence or breach of obligation on her part with reference to the transaction. By the contract with the libelant the Schuyler Towing Company undertook to tow *831his canal-boat from Albany to New York, but not by…
2Cases cited1 opinion
- Spaulding v. TuckerU.S. Circuit Court for the District of California · 1871
3Cited by15 opinions
- Spiritwood Grain Co. v. Northern Pac. Ry. Co.Court of Appeals for the Eighth Circuit · 1950
- Kirby v. United StatesCourt of Appeals for the Ninth Circuit · 1921
- Barnhart v. JonesDistrict Court, S.D. West Virginia · 1949
- Sloss Iron & Steel Co. v. South Carolina & G. R.U.S. Circuit Court for the District of South Carolina · 1896
- United States v. Southern Pac. Co.U.S. Circuit Court for the District of Oregon · 1909
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