The Clarence L. Blakeslee
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Southern District of New York. Suit in admiralty by the Conklin & Foss Company, as owner of the barge Ruth, against the steam tug Clarence D. Blakeslee; the New Haven Trap Rock Company, claimant. Decree for libelant, and claimant appeals. The libel alleged that the boat Ruth had received injuries (listing and los lug her deck cargo) by going adrift while in tow of claimant’s tug Blakeslee.
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Appeal from the District Court of the United States for the Southern District of New York. Suit in admiralty by the Conklin & Foss Company, as owner of the barge Ruth, against the steam tug Clarence D. Blakeslee; the New Haven Trap Rock Company, claimant. Decree for libelant, and claimant appeals. The libel alleged that the boat Ruth had received injuries (listing and los lug her deck cargo) by going adrift while in tow of claimant’s tug Blakeslee. The Blakeslee, with a tandem tow of four boats, was on the morning of November 15, 1915, in Bridgeport harbor bound for New York City. The Ruth…
1Opinion of the CourtHough, Circuit Judge
(after stating the facts as above). [1] The rules regarding litigation such as this have been plainly and repeatedly stated by this court. The mere fact that a tow receives injury does not render the tug liable; libelant must affirmatively prove negligence, which is not presumed merely because the injury is not otherwise accounted for. The Winnie, 149 Fed. 725, 79 C. C. A. 431. The tug is not an insurer, and is not responsible for a master’s error of judgment; The W. E. Gladwish, 196 Fed. 490, 116 C. C. A. 185. Navigators are not to be charged with negligence, unless they make a decision…
2Cases cited6 opinions
- The Eli B. ConineCourt of Appeals for the Second Circuit · 1916
- The WinnieCourt of Appeals for the Second Circuit · 1906
- Easton & Amboy R. v. KiernanCourt of Appeals for the Second Circuit · 1898
- Continental Ins. v. The Frederick E. IvesDistrict Court, S.D. New York · 1885
- In re McWilliamsCourt of Appeals for the Second Circuit · 1896
1 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- Stevens v. the White CitySupreme Court of the United States · 1932
- Kenny v. Cornell Steamboat Co.Court of Appeals for the Second Circuit · 1921
- Stall & McDermott v. The Southern CrossCourt of Appeals for the Fifth Circuit · 1952
- River Terminals Corporation v. Southwestern Sugar and Molasses Company, Inc.Court of Appeals for the Fifth Circuit · 1960
- Bisso v. Waterways Transportation Co.Court of Appeals for the Fifth Circuit · 1956
28 more not listed; retrieve them via the Exa API.