Liverpool, Brazil & River Plate Steam Navigation Co. v. Brooklyn Eastern District Terminal
Supreme Court of the United States
CERTIORARI TO THE CIRCUIT COURT OP APPEALS POR THE SECOND CIRCUIT. The case is stated in the opinion. The two tugs and the car float, physically united in the performance, through the servánts of a common owner, of a common adventure, constitute in reality but • a single instrumentality and must all be surrendered as a condition to the limitation of the owner’s liability.
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CERTIORARI TO THE CIRCUIT COURT OP APPEALS POR THE SECOND CIRCUIT. The case is stated in the opinion. The two tugs and the car float, physically united in the performance, through the servánts of a common owner, of a common adventure, constitute in reality but • a single instrumentality and must all be surrendered as a condition to the limitation of the owner’s liability. The Main v. Williams, 152 U. S. 122, 131. It would seem to be too obvious for argument that the car float must be surrendered. Apart from the fact that she was the vessel which actually did the damage, she was the…
1Opinion of the Court
Me.* Justice Holmes
delivered the opinion of the court.
This is a libel in admiralty brought by the petitioner against the respondent for a collision with the petitioner’s steamship Vauban while it was moored at a pier in Brooklyn. The respondent does not deny liability but claims the right to limit it under Rev. Stats., §§ 4283, 4284 and 4285, to the value of the vessel that caused the damage. The moving cause was the respondent’s steam tug Intrepid which was proceeding up the East River, with a car float loaded with railroad cars lashed to its port side and on its starboard side a disabled…
2Cases cited5 opinions
- The John G. StevensSupreme Court of the United States · 1898
- The Eugene F. MoranSupreme Court of the United States · 1909
- The Main v. WilliamsSupreme Court of the United States · 1894
- Cushing v. Owners of the Ship John FraserSupreme Court of the United States · 1859
- The J. P. DonaldsonSupreme Court of the United States · 1897
3Cited by72 opinions
- J. W. Goldsmith, Jr.-Grant Co. v. United StatesSupreme Court of the United States · 1921
- Sacramento Navigation Co. v. SalzSupreme Court of the United States · 1927
- The Western MaidSupreme Court of the United States · 1922
- Ex parte United StatesSupreme Court of the United States · 1922
- Brown & Root Marine Operators, Inc. And Brown & Root, Inc., Successor to Brown & Root Marine Operators, Inc. v. Zapata Off-Shore CompanyCourt of Appeals for the Fifth Circuit · 1967
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