Legal Opinion

Rose Brick Co. The Mascot

Court of Appeals for the Second Circuit

Decided August 1, 1893PublishedCited by 2 opinions

Appeal from the District Court of the United States for the Southern District of New York. In Admiralty: Libel by the Rose Brick Company against the steam tug Mascot for negligence in towing libelant’s barge Roseton. The district court rendered a decree for libelant. 48 Fed. Rep. 917. Respondent appeals.

1Per curiam

We are satisfied upon the evidence in the record that there was an obstruction in the canal, inside the buried rock, which was known to exist by those conversant with the condition of the channel, and which ought to have been known to those in charge of the tug. In towing the libelant’s canal boat upon an obstacle which competent and experienced pilots would have avoided, the tug was guilty of negligence.

The decree is affirmed, with interest and costs.

2Cited by2 opinions

  1. Petrie v. The S. W. MorrisDistrict Court, S.D. New York · 1893
  2. The Nathan HaleDistrict Court, S.D. New York · 1898