O'Rourke v. Peck
U.S. Circuit Court for the District of Southern New York
In Admiralty. On appeal from district court, 29 Fed. Rep. 223. Libel in personam by Patrick O’Rourke against Joshua S. Peck and others, for the sinking of libelant’s canal-boat. Respondents appeal from a decree for libelant.
1Opinion of the CourtWallace, J.
The defendants were in possession, as lessees and occupants, of the wharf at which the libelant’s boat capsized; and it is conceded that the accident resulted from the unsafe and dangerous condition of the bottom of the river alongside the wharf, and without negligence on the part of the libelant. The general proposition is not disputed that the owner or person having the possession and control of such structure is liable in damages to those coming to it, using due care, at his invitation or inducement, express or implied, on any business to lie transacted with or permitted by him, for an…
2Cited by5 opinions
- Cornell Steamboat Co. v. GladstoneDistrict Court, S.D. New York · 1934
- Lewis v. Barber Asphalt Paving Co.District Court, S.D. New York · 1903
- McCaldin v. ParkeNew York Supreme Court · 1892
- Berwind-White Coal Mining Co. v. City of New YorkDistrict Court, S.D. New York · 1941
- Verdon v. Brooklyn Heights R. Co.District Court, E.D. New York · 1907