Legal Opinion

Eldridge v. Culkin

District Court, S.D. New York

Decided July 22, 1892PublishedCited by 16 opinions

. In Admiralty. Libel by Albert B. Eldridge, owner of the steam tug A. C. Nickerson, against the schooner Rose Culkin, for collision. Cross libel by Catharine A. Culkin, owner of the Culkin, against the Nickerson. Immediately after the filing of the libel against the Culkin,' her owner gave a stipulation for $3,500 as the agreed value of the vessel, and thereafter repaired and used her in voyages between New York and Rockaway.

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. In Admiralty. Libel by Albert B. Eldridge, owner of the steam tug A. C. Nickerson, against the schooner Rose Culkin, for collision. Cross libel by Catharine A. Culkin, owner of the Culkin, against the Nickerson. Immediately after the filing of the libel against the Culkin,' her owner gave a stipulation for $3,500 as the agreed value of the vessel, and thereafter repaired and used her in voyages between New York and Rockaway. Subsequently her owner filed a petition for limitation of liability, and offered to surrender the vessel.

1Opinion of the Court

Brown, District Judge.

Between 3:30 and 4 p. m. of October 27, 1891, as the schooner “Rose Culkin” bound down the bay from the Erie Railroad dock at Jersey City, was approaching Ellis island, she came in collision with the steam tug Nickerson, striking with her stem the port side of the tug at an angle of from five to eight points. Both received damages, for which the above libel and cross libel were filed. The wind was blowing such a gale from the northwest, or west northwest, that a lighter came down to the westward of the schooner sailing under bare poles. The schooner was light, about 74…

2Cases cited5 opinions

  1. The " Scotland"Supreme Court of the United States · 1882
  2. Providence & New York Steamship Co. v. Hill Manufacturing Co.Supreme Court of the United States · 1883
  3. The City of NorwichSupreme Court of the United States · 1886
  4. Steamship Co. v. MountSupreme Court of the United States · 1881
  5. The C. F. AckermanDistrict Court, E.D. New York · 1877

3Cited by16 opinions

  1. The MargueriteDistrict Court, D. Massachusetts · 1898
  2. Hosford Transp. Co. v. Fairfield S. S. Corp.Court of Appeals for the Ninth Circuit · 1933
  3. The WesthallDistrict Court, E.D. Virginia · 1899
  4. In Re MooreDistrict Court, E.D. Michigan · 1968
  5. Mississippi Valley Barge Line Co. v. Esso Shipping Co.Court of Appeals for the Fifth Circuit · 1957

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