Legal Opinion
Nassau Sand & Gravel Co. v. Red Star Towing & Transportation Co.
Court of Appeals for the Second Circuit
Decided December 19, 1932No. 101PublishedCited by 19 opinions
1Opinion of the Court
L. HAND, Circuit Judge.
Tbe respondent does not'assert that the tug was not liable for leaving the barge at another berth than that agreed upon. We are therefore concerned only with the duties of the bargee' in the circumstances, and how far his faults relieve it. We have held that if he is assured that the berth is safe, and acts upon that assurance, he need not sound. The Eastchester, 20 F.(2d) 357. If he is so assured, but does not accept the assurance, and sounds, but sounds ineffectively,'the .damages will be divided. The Bleakley No. 76 (C. C. A.) 54 F.(2d) 530. If he has no assurance…
2Cases cited10 opinions
- Smith v. BurnettSupreme Court of the United States · 1899
- Pennsylvania R. Co. v. Downer Towing CorporationCourt of Appeals for the Second Circuit · 1926
- Sinram v. Pennsylvania R. Co.Court of Appeals for the Second Circuit · 1932
- The EastchesterCourt of Appeals for the Second Circuit · 1927
- Burns Bros. v. Cornell Steamboat Co.Court of Appeals for the Second Circuit · 1931
5 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Berwind-White Coal Mining Co. v. City of New YorkCourt of Appeals for the Second Circuit · 1943
- Moran Towing Corporation v. M. A. Gammino Construction Co.Court of Appeals for the First Circuit · 1966
- Cities Service Transp. Co. v. Gulf Refining Co.Court of Appeals for the Second Circuit · 1935
- New York Trap Rock Corp. v. Metropolitan No. 4Court of Appeals for the Second Circuit · 1942
- Venore Transportation Co. v. Oswego Shipping Corp.Court of Appeals for the Second Circuit · 1974
14 more not listed; retrieve them via the Exa API.