The Imp
District Court, S.D. New York
In Admiralty. On petition by Louis J. Schussler, owner of the scow Imp, for limitation of liability, the City of New York was impleaded. On determination of liability for injury to the vessels Governor Hill and Clearfield. The Governor Hill and her master, McDermott, and the Clearfield, each filed a libel against the city of New York and against the barge Imp. The Imp limited its liability and has brought in the city.
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In Admiralty. On petition by Louis J. Schussler, owner of the scow Imp, for limitation of liability, the City of New York was impleaded. On determination of liability for injury to the vessels Governor Hill and Clearfield. The Governor Hill and her master, McDermott, and the Clearfield, each filed a libel against the city of New York and against the barge Imp. The Imp limited its liability and has brought in the city. All proceedings came up for trial on the following state of facts: The northwest corner of the East River slip formed by the bulkhead and Piers 60 and 61 is shallow. At low…
1Opinion of the Court
LEARNED HAND,- District Judge.
I find that the Imp got notice from Keating’s man, while she lay off the brick barge, that it was dangerous to move in, because the bottom was not safe. Disregarding this, she moved in within 15 or 17 feet of the bulkhead and so got caught. I find that ilie warning so given by Keating’s man was clear enough to exonerate the city, if the city had given it, and that it need have been given in no other terms. These being the facts, I think that the city is not liable, under Schoonmaker v. New York, 167 Fed. 975, 93 C. C. A. 227. In that case the court said that if…
2Cases cited4 opinions
- Hartford & N. Y. Transp. Co. v. HughesDistrict Court, S.D. New York · 1903
- Schoonmaker v. City of New YorkCourt of Appeals for the Second Circuit · 1909
- Fahey v. MayorDistrict Court, S.D. New York · 1892
- Union Ice Co. v. CrowellCourt of Appeals for the First Circuit · 1893
3Cited by4 opinions
- United States Trucking Corp. v. City of New YorkCourt of Appeals for the Second Circuit · 1927
- Dunnigan v. Murray Transp. Co.District Court, S.D. New York · 1931
- Bouker Contracting Co. v. Williamsburgh Power Plant Corp.Court of Appeals for the Second Circuit · 1942
- United States Trucking Corp. v. City of New YorkDistrict Court, E.D. New York · 1926