Neall v. Western Assur. Co.
District Court, E.D. Pennsylvania
Sur exceptions to the report of the commissioner appointed by virtue of the petition of Frank M. Neall, trustee, as owner of the steam tug Battler, for limitation of liability for damages claimed from loss or injury by the sinking of the barges Tonawanda and Wallace while in charge of the Battler.
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Sur exceptions to the report of the commissioner appointed by virtue of the petition of Frank M. Neall, trustee, as owner of the steam tug Battler, for limitation of liability for damages claimed from loss or injury by the sinking of the barges Tonawanda and Wallace while in charge of the Battler. The original suit was brought by John J. Schrader, as owner of the said barges, on December 9,1889, and was heard on May 23, 1893; and on June 13, 1893, an interlocutory decree was made in favor of the libelant See 55 Fed. 1006. A commissioner was then appointed to compute and report the amount of…
1Opinion of the Court
BUTLER, District Judge.
As respects the tug’s liability, I am asked to reconsider the subject in the light of testimony presented by the assurance company before the commissioner. This testimony was produced solely to account for the company’s delay in making claim, and is of no material value in considering the question of liability. It consists mainly of opinions of the company’s agents based upon what they learned after the occurrence. One or more of them visited the locality of the accident to ascertain the feasibility of reclaiming some part of the cargo, and for that purpose alone. The…
2Cases cited13 opinions
- Providence & New York Steamship Co. v. Hill Manufacturing Co.Supreme Court of the United States · 1883
- The City of NorwichSupreme Court of the United States · 1886
- United States v. AmesSupreme Court of the United States · 1879
- Steamship Co. v. MountSupreme Court of the United States · 1881
- Eldridge v. CulkinDistrict Court, S.D. New York · 1892
8 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- The St. JohnsDistrict Court, S.D. New York · 1900