Legal Opinion

The Thomas Purcell, Jr.

Court of Appeals for the Second Circuit

Decided December 7, 1898No. 17PublishedCited by 10 opinions

Appeal from the District Court of the United States for the Southern District of New York. This cause comes here on appeal from a decree of the district court, Southern district of New York, holding the appellants, as owners of the steamtug Thomas Purcell, .Tr., responsible for damages sustained by the sinking of libelant’s barge F. B. Morris and her cargo of coal, laden on board about noon on the 19th day of March, 1896, in Stamford Harbor.

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Appeal from the District Court of the United States for the Southern District of New York. This cause comes here on appeal from a decree of the district court, Southern district of New York, holding the appellants, as owners of the steamtug Thomas Purcell, .Tr., responsible for damages sustained by the sinking of libelant’s barge F. B. Morris and her cargo of coal, laden on board about noon on the 19th day of March, 1896, in Stamford Harbor. The Purcell arrived at Stamford Harbor between 6 and 7 o’clock on the evening of the 18th, and, the tide being too low to admit of taking the Morris up…

1Per curiam

Concededly, no attention was paid to tbe weather by those on tbe tug from the time sbe anchored at Wilson’s Point *407till her pilot turned out, at 8 a. m. the next morning. In view of the evidence from the weather bureau that the wind from midnight until 11 a. m. was southwest, and the testimony of the disinterested witness from (he Pennsylvania barge as to the indications of a storm at Wilson’s Point, when he got up, at 4 a. m., we concur in the conclusion of the district judge that, had a watch been kept, the master of the tug would have been advised of the necessity of returning to care for…

2Cited by10 opinions

  1. Burns Bros. v. Cornell Steamboat Co.Court of Appeals for the Second Circuit · 1931
  2. Hughes v. Pennsylvania R. Co.District Court, S.D. New York · 1899
  3. The Joseph F. ClintonCourt of Appeals for the Second Circuit · 1918
  4. The PrinterCourt of Appeals for the Ninth Circuit · 1908
  5. Ferguson v. Providence Washington Ins.District Court, S.D. New York · 1903

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