Legal Opinion

Water Front Contracting & Lighterage Co. v. Goodwin Gallagher Sand & Gravel Co.

Court of Appeals for the Second Circuit

Decided May 1, 1918No. 250PublishedCited by 6 opinions

Appeal from the District Court of the United States for the Eastern District of New York. Libel by the Water Front Contracting & Lighterage Company and others against Scows Nos. 92, 102,118, and 138, and their tackle, claimed by the Goodwin-Gallagher Sand & Gravel Company. From an award, libelants appeal, on account of its insufficiency. Appeal from the decree of the District Court filed July 7, 1916, awarding to libelants $190 as compensation for salvage services.

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Appeal from the District Court of the United States for the Eastern District of New York. Libel by the Water Front Contracting & Lighterage Company and others against Scows Nos. 92, 102,118, and 138, and their tackle, claimed by the Goodwin-Gallagher Sand & Gravel Company. From an award, libelants appeal, on account of its insufficiency. Appeal from the decree of the District Court filed July 7, 1916, awarding to libelants $190 as compensation for salvage services. The sole ground of appeal is the inadequacy of the award.

1Opinion of the Court

MAYER, District Judge.

On September 25, 1914, at about 11:30 at night, the tide strong flood and a heavy wind from the west, the steam tug Olympia, belonging to claimant, was bound up through Hell Gate. At the entrance to the Gate, between Mill-Rock and Hallett’s Point, the Olympia’s machinery broke down, and she was therefore forced to abandon four sand scows which she had in tow, thus leaving them adrift to go up in the flood tide through the Gate. These scows were worth about $16,500. Libelants’ steam lighter Sullivan went to the assistance of the scows and towed them into Potts Cove, the…

2Cases cited3 opinions

  1. The BlackwallSupreme Court of the United States · 1870
  2. Stebbins v. Five Mud-ScowsDistrict Court, S.D. New York · 1892
  3. The AshbourneDistrict Court, S.D. New York · 1899

3Cited by6 opinions

  1. Burke v. United StatesDistrict Court, S.D. New York · 1951
  2. The High CliffCourt of Appeals for the Second Circuit · 1921
  3. The West MountCourt of Appeals for the Second Circuit · 1921
  4. The Western PrideCourt of Appeals for the Second Circuit · 1921
  5. Vinco Enterprises, Ltd. v. New York Dock RailwayDistrict Court, E.D. New York · 1982

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