Legal Opinion

The Allegheny

Court of Appeals for the Third Circuit

Decided May 25, 1918No. Nos. 2378, 2379PublishedCited by 9 opinions

Appeal from the District Court of the United States for the District of New Jersey; Thos. G. Haight, Judge. Suits in admiralty by Harry W. Whiteman, owner of the lighter Allegheny, and by the Hainesport Mining & Transportation Company, owner of Lighter No.'17, against the steam tug Emily Marie, Nelsoh II. Gildersleeve, John McAteer, and Anna, P. Ganer, claimants. Decree for respondents, and libelants appeal.

1Opinion of the Court

BUFFINGTON, Circuit Judge.

In the court below the lighters Allegheny and No. 17 each filed libels against the steam tug Emily Marie for damages resulting from their collision, while in tow of such tug, with the pier of a bridge spanning the Delaware river. On hearing, the court, in an opinion dismissed the libels. Thereupon the lighters each took an appeal, and as such appeals involve the same question we consider them both in this opinion. The pertinent facts of the case are well summarized in the opinion of the court below as follows:

“On the afternoon of November 8, 1915, the Hainesport…

2Cases cited4 opinions

  1. The Steamer WebbSupreme Court of the United States · 1872
  2. The W. G. MasonCourt of Appeals for the Second Circuit · 1905
  3. Vessel Owners' Towing Co. v. WilsonCourt of Appeals for the Seventh Circuit · 1894
  4. The KalkaskaCourt of Appeals for the Seventh Circuit · 1901

3Cited by9 opinions

  1. New York Towing & Transportation Co. v. Ford Motor Co.Court of Appeals for the Third Circuit · 1932
  2. The CharlotteDistrict Court, W.D. New York · 1922
  3. The AlgicDistrict Court, S.D. Florida · 1936
  4. The Robert H. CookDistrict Court, N.D. New York · 1928
  5. F. Jacobus Transp. Co. v. Goodwin-Gallagher Sand & Gravel Corp.District Court, S.D. New York · 1929

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