The Sarnia
Court of Appeals for the Second Circuit
Appeal from the District Court, of the United States for the Eastern. Pistrict of New York. Suit in admiralty for collision by the Wright & Cobb Eighterage Company against the steamship Sarnia, the Sarnia Steamship Corporation, claimant, with the tugs Robert Palmer and E. T. Dalzell and their claimants, Richard J. Barrett and Ered B. Dalzell & Co., Incorporated, respectively, impleaded. Decree for libelant against the Sarnia and the Robert Palmer, and their claimants appeal.
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Appeal from the District Court, of the United States for the Eastern. Pistrict of New York. Suit in admiralty for collision by the Wright & Cobb Eighterage Company against the steamship Sarnia, the Sarnia Steamship Corporation, claimant, with the tugs Robert Palmer and E. T. Dalzell and their claimants, Richard J. Barrett and Ered B. Dalzell & Co., Incorporated, respectively, impleaded. Decree for libelant against the Sarnia and the Robert Palmer, and their claimants appeal. The owners of the steamship Samia employed Barrett, owner of the tug Palmer, to take their steamer (in daylight and…
1Opinion of the CourtHough, Circuit Judge
(after stating the facts as above). [1] The form of this decree is wrong. The tug Palmer committed no fault, and when Barrett furnished the Sarnia with a pilot in the person of Capt. Slauer, he did not. thereby promise a maritime lien on his tug for whatever errors Capt. Slauer might commit while standing on the Sarnia’s bridge and managing that steamer with her own steam. The Palmer was as innocent as the Dalzell, -and for the same reasons.
[2] Nor is it a reason for holding the Sarnia that she did not bear the burden of proving her own petition; indeed, that would seem more reason for…
2Cases cited1 opinion
- The L. P. DaytonSupreme Court of the United States · 1887
3Cited by15 opinions
- Cory Bros. & Co. v. United StatesCourt of Appeals for the Second Circuit · 1931
- Sun Oil Co. v. Dalzell Towing Co.Court of Appeals for the Second Circuit · 1932
- The Anna O'BoyleCourt of Appeals for the Second Circuit · 1941
- Navigazione Generale Italiana v. TimminsCourt of Appeals for the Second Circuit · 1922
- Atlantic Coast Line R. v. United States Fidelity & Guaranty Co.District Court, M.D. Georgia · 1943
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