Harris v. Metropolitan S. S. Co.
Court of Appeals for the Second Circuit
Appeals from the District Court of the United States for the Southern District of New York. In these causes cross libels were filed in the district court, Southern district of New York, — one by the owners of the barge Shamokin and the tug International, to recover damages for the sinking of the Shamokin while in tow of the tug, by a collision with the steamer H. M. Whitney; and the other by the Metropolitan Steamship Company, owners of the H. M. Whitney, against the…
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Appeals from the District Court of the United States for the Southern District of New York. In these causes cross libels were filed in the district court, Southern district of New York, — one by the owners of the barge Shamokin and the tug International, to recover damages for the sinking of the Shamokin while in tow of the tug, by a collision with the steamer H. M. Whitney; and the other by the Metropolitan Steamship Company, owners of the H. M. Whitney, against the libelants in the first cause, to recover the damages which the H. M. Whitney sustained in the collision. The district court…
1Opinion of the CourtLagombe, Circuit Judge
(after stating the facts). Each side charges faults against the other, which the district judge did not sustain; and in some of his conclusions we are not able to concur. Discussion of these branches of the case, however, may be omitted here, since we find sufficient in the record to sustain the decrees below against both vessels.
The first question to be considered is as to the alleged fault of the tug and tow in navigating in that locality at that time in the way in which they did. The libel of the Whitney charges fault, “in that the Sliamokin was being towed at too rapid a rate of speed in…
2Cases cited3 opinions
- Ball & Socket Fastener Co. v. Ball Glove Fastening Co.Court of Appeals for the First Circuit · 1893
- Merchants' & Miners' Transp. Co. v. Norfolk & W. R.Court of Appeals for the First Circuit · 1896
- Woodberry v. The Josephine B.Court of Appeals for the Second Circuit · 1893
3Cited by12 opinions
- The Fred B. Dalzell, Jr.Court of Appeals for the Second Circuit · 1924
- The Admiral SchleyCourt of Appeals for the First Circuit · 1904
- The MaineDistrict Court, D. Oregon · 1924
- The St. FrancisDistrict Court, D. Maryland · 1947
- The QuogueCourt of Appeals for the Second Circuit · 1929
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