Legal Opinion
Cranberry Creek Coal Co. v. Red Star Towing & Transp. Co.
Court of Appeals for the Second Circuit
Decided June 10, 1929No. 298-302PublishedCited by 33 opinions
1Opinion of the CourtL. Hand, Circuit Judge
(after stating the facts as above). As in collision, so in towing, a vessel does not, of course, become liable for all damage arising from her navigation or unfitness; she is not an insurer, and the injured- party must establish some fault through neglect or affirmative misconduct. But there are situations in which the law does not put the duty upon the sufferer to make proof at the outset; either because the facts are especially within the owner’s knowledge, or, as in the case of collisions with an anchored vessel, because usually there must be some fault, it is thought just to require the…
2Cases cited8 opinions
- The "Margaret."Supreme Court of the United States · 1877
- Weeks v. Wilson Transit Co.Court of Appeals for the Sixth Circuit · 1894
- Rice v. Brooklyn Ash Removal Co.Court of Appeals for the Second Circuit · 1918
- The WestchesterCourt of Appeals for the Second Circuit · 1918
- Wilmington Steamboat Co. v. EdmistonCourt of Appeals for the Third Circuit · 1923
3 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- City of Chicago v. M/v Morgan, Kindra Lake Towing, L.P., and Kindra Lake Towing, Inc.Court of Appeals for the Seventh Circuit · 2004
- Atkins v. LorentzenCourt of Appeals for the Fifth Circuit · 1964
- Merrill Trust Co. v. BradfordCourt of Appeals for the First Circuit · 1974
- United States v. the Tug Terry E. BuchananDistrict Court, S.D. New York · 1956
- Monsanto Company v. Port of St. Louis Investments, Inc.District Court, E.D. Missouri · 1972
28 more not listed; retrieve them via the Exa API.