Legal Opinion

Western Transit Co. v. Brown

Court of Appeals for the Second Circuit

Decided March 10, 1908PublishedCited by 8 opinions

Appeal from the District Court of the United States for the Southern District of New York.

1Opinion of the Court

WARD, Circuit Judge.

The libel is filed upon a policy of marine insurance. The tug Mariposa, with the schooner Martha in tow, coming down the starboard side of a dredged cut about 800 feet wide, was met by the steamers Wilbur and Troy going up. The Wilbur suddenly sheered to port, struck and sank the Martha. In a suit by the owners of the Martha against the steamers Wilbur and Troy to recover damages for the collision both steamers were held at fault. The court found that they were coming up the wrong side of the center 'of the cut, were racing, and that the Troy kept so close to the Wilbur…

2Cited by8 opinions

  1. Eggers v. Southern S. S. Co.Court of Appeals for the Fifth Circuit · 1940
  2. Lehigh & Wilkes-Barre Coal Co. v. Globe & Rutgers Fire Ins. Co.Court of Appeals for the Second Circuit · 1925
  3. Vincent Nardelli, Robert G. Nardelli and William Nardelli, as Claimants-Owners of the Narco v. Stuyvesant Insurance Company of New YorkCourt of Appeals for the Fifth Circuit · 1958
  4. Trinidad Corporation, Libelant-Appellee v. American Steamship Owners Mutual Protection & Indemnity Association, Inc.Court of Appeals for the Second Circuit · 1956
  5. United States v. American Ins. Co. of NewarkCourt of Appeals for the Second Circuit · 1937

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