Garfield & Proctor Coal Co. v. Rockland-Rockport Lime Co.
Massachusetts Supreme Judicial Court
Tort, by the owner of the coal barge Western Belle, for injury to that vessel by grounding on a ledge of rock embedded' in the mud at the bottom of the defendant’s dock at Rockland,Maine. Writ dated May 4, 1901. In the Superior Court the case was tried before Fox, J., without a jury. Norton mentioned below was the defendant’s foreman at the dock.
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Tort, by the owner of the coal barge Western Belle, for injury to that vessel by grounding on a ledge of rock embedded' in the mud at the bottom of the defendant’s dock at Rockland,Maine. Writ dated May 4, 1901. In the Superior Court the case was tried before Fox, J., without a jury. Norton mentioned below was the defendant’s foreman at the dock. The plaintiff requested the judge to make the following rulings: “1. The master of the Western Belle was justified in relying upon the statement of Norton that the berth was a proper one and was under no obligation to take soundings. “2. If the…
1Opinion of the CourtLathrop, J.
The judge of the Superior Court, who tried this case without a jury, found for the defendant, and stated the reasons for his finding. Some of these reasons do not appear to be in accordance with the evidence, nor to be warranted by it; and the judge concludes his subsidiary findings by the statement that the master of the vessel “ knew that in order to reach the berth designated, his keel must plough the mud a depth of two feet, and that the bottom would be searched by his barge as it had not been searched by a vessel before.” And he ends by saying: “ I am of opinion that the loss should rest…
2Cases cited6 opinions
- Carleton v. Franconia Iron & Steel Co.Massachusetts Supreme Judicial Court · 1868
- Smith v. BurnettSupreme Court of the United States · 1899
- Nickerson v. TirrellMassachusetts Supreme Judicial Court · 1879
- Sawyer v. OakmanU.S. Circuit Court for the District of Southern New York · 1870
- Barber v. . Abendroth Bros.New York Court of Appeals · 1886
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- The EastchesterCourt of Appeals for the Second Circuit · 1927
- Consolidated Flour Mills Co. v. MueggeSupreme Court of Oklahoma · 1927
- Look v. Portsmouth, K. & Y. St. Ry.District Court, D. Maine · 1905
- Shaw v. OgdenMassachusetts Supreme Judicial Court · 1913
- Topp v. United Railways & Electric Co.Court of Appeals of Maryland · 1904
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