Legal Opinion

Dover Barge Co. v. Tug" Crow"

District Court, S.D. New York

Decided July 30, 2009No. 06 Civ. 15495 (DC)PublishedCited by 5 opinions

1Opinion of the Court

OPINION

CHIN, District Judge.

On December 30, 2005, the barge HNSE 105 (the “Barge”), owned by plaintiffs Dover Barge Company (“Dover”), Simms Hugo Neu (“Simms”), and Hugo Neu Schnitzer East (“HNSE”), flooded and sank in the Hudson River while being towed by the tugboat Crow (the “Tug”), which was owned by defendant Port Albany Ventures, LLC (“PAV”). In this maritime negligence case, plaintiffs seek damages, alleging that the negligence of the crew of the Tug caused the Barge to sink. Plaintiffs also attempt to invoke the Pennsylvania Rule, arguing that the burden of proof should shift to PAV…

2Cases cited25 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Matsushita Electric Industrial Co., Ltd. v. Zenith Radio CorporationSupreme Court of the United States · 1986
  3. The PennsylvaniaSupreme Court of the United States · 1874
  4. Jeffreys v. City of New YorkCourt of Appeals for the Second Circuit · 2005
  5. Atlantic & Gulf Stevedores, Inc. v. Ellerman Lines, Ltd.Supreme Court of the United States · 1962

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3Cited by5 opinions

  1. In re the Complaint of Moran Towing Corp.District Court, S.D. New York · 2013
  2. In re Bridge Construction Services of Florida, Inc.District Court, S.D. New York · 2015
  3. Pettis v. BOSARGE DIVING, INC.District Court, S.D. Alabama · 2010
  4. State National Insurance v. Anzhela Explorer, L.L.C.District Court, S.D. Florida · 2011
  5. In re Bridge Construction Services of Florida, Inc.District Court, S.D. New York · 2016

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