The Edmund L. Levy
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Eastern District of New York. "This is an appeal by the claimant, Thomas Quigley, from a final decree, entered February 14, 1903, in favor of the libelant, John O'Con-nor, for $1,834.55 on account of damages sustained by his canal boat, E. Remington & Sons, because of alleged negligence of the tug Levy while towing the canal-boat through the ice in the upper Hudson river in December, 1900. The facts are accurately…
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Appeal from the District Court of the United States for the Eastern District of New York. "This is an appeal by the claimant, Thomas Quigley, from a final decree, entered February 14, 1903, in favor of the libelant, John O'Con-nor, for $1,834.55 on account of damages sustained by his canal boat, E. Remington & Sons, because of alleged negligence of the tug Levy while towing the canal-boat through the ice in the upper Hudson river in December, 1900. The facts are accurately stated in the decision of the court below.
1Opinion of the Court
COXE, Circuit Judge.
There is ho dispute that the condition of the river as to .ice, for some distance below Albany, was. known to the master of the Remington before the voyage commenced. By the terms of the contract the canal-boat was to take the risk of ice and weather, the tug agreeing to tow her only so far as the existing conditions would permit. But, as is aptly stated by the District Judge:
“Because tbe canal-boat assumed tlie risk of ice, sbe did not thereby authorize. towing in the same manner as if the ice were absent.”
We do not deem it important to discuss with greater particularity…
2Cases cited6 opinions
- The "Margaret."Supreme Court of the United States · 1877
- The QuickstepSupreme Court of the United States · 1870
- The Lady PikeSupreme Court of the United States · 1874
- The SyracuseU.S. Circuit Court for the District of Southern New York · 1867
- The FlorenceDistrict Court, N.D. New York · 1898
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3Cited by28 opinions
- Bisso v. Inland Waterways Corp.Supreme Court of the United States · 1955
- South, Inc., as Owner of the Vega, Libellant-Appellant v. Moran Towing and Transportation Co., Inc., Tug Christine Moran, Her Engines, Etc., and Tug Claire A. Moran, Inc., Claimant-Appellee. Moran Towing and Transportation Co., Inc., Cross-Libellant-Appellee v. South, Inc., Cross-Respondent-AppellantCourt of Appeals for the Second Circuit · 1966
- Frederick Snare Corp. v. Moran Towing & Transportation Co.District Court, S.D. New York · 1961
- Valentine Waterways Corporation v. Tug ChoptankDistrict Court, E.D. Virginia · 1966
- Massman Construction Co. v. Sioux City & New Orleans Barge Lines, Inc.District Court, W.D. Missouri · 1979
23 more not listed; retrieve them via the Exa API.