Legal Opinion
M. & J. Tracy, Inc. v. Marks, Lissberger & Son, Inc.
Court of Appeals for the Second Circuit
Decided April 3, 1922No. 233PublishedCited by 24 opinions
1Opinion of the CourtHough, Circuit Judge
(after stating the facts as above). A wharfinger is one who keeps a wharf for the purpose of receiving goods for hire, and the wharfinger in this case was the city of New York. ¡Respondent was the consignee, who directed the Albany to lie at the city’s wharf; the hire therefor going to the wharfinger. Respondent had no lease or other right of exclusive possession in respect of this public wharf.
The duty of a wharfinger is to exercise reasonable care in ascertaining the condition of the berths at his wharf and to remove dangerous obstructions or give due notice of the existence thereof to…
2Cases cited8 opinions
- Smith v. BurnettSupreme Court of the United States · 1899
- Panama Railroad v. Napier Shipping Co.Supreme Court of the United States · 1897
- Look v. Portsmouth, K. & Y. St. Ry.District Court, D. Maine · 1905
- Stevens v. Maritime Warehouse Co.Court of Appeals for the Second Circuit · 1920
- Schoonmaker v. City of New YorkCourt of Appeals for the Second Circuit · 1909
3 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- The EastchesterCourt of Appeals for the Second Circuit · 1927
- Medomsley Steam Shipping Company v. Elizabeth River Terminals, Inc.Court of Appeals for the Fourth Circuit · 1966
- Berwind White Coal Mining Co. v. City of New YorkCourt of Appeals for the Second Circuit · 1931
- Waldie v. Steers Sand & Gravel CorporationCourt of Appeals for the Second Circuit · 1945
- Martin Marietta Corporation v. PETER KIEWIT SONS'CO.District Court, E.D. New York · 1972
19 more not listed; retrieve them via the Exa API.