Legal Opinion
Flat-Top Fuel Co. v. Martin
District Court, E.D. New York
Decided January 2, 1936No. 14163PublishedCited by 2 opinions
1Opinion of the Court
INCH, District Judge.
Libelant owned a cargo of coal, consisting of approximately 2,000 tons, which was being transported by the barge Northern No. 29 when the said barge, owned by the respondent, Martin, sank at sea off the Jersey coast. Both the barge and the coal were a total loss.
The libel contains two causes of action, both in personam. One is based on a contract based on failure to perform an alleged contract for carriage of the coal by respondent from Norfolk to Connecticut in consideration of agreed freight. The other cause of action is apparently in tort whereby the loss of the barge…
2Cases cited19 opinions
- The CaledoniaSupreme Court of the United States · 1895
- Work v. LeathersSupreme Court of the United States · 1878
- Pendleton v. Benner LineSupreme Court of the United States · 1918
- Cullen Fuel Co. v. W. E. Hedger, Inc.Supreme Court of the United States · 1933
- The RepublicCourt of Appeals for the Second Circuit · 1894
14 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- International Salt Co. v. Diamond P. Transp. Co.District Court, E.D. New York · 1936
- Mayes v. RayfieldDistrict Court, W.D. Washington · 2019