Willcox v. American Smelting & Refining Co.
District Court, S.D. New York
in Admiralty. Suit by Willcox, Peck & Hughes, trustees for the Steamship Trojan Company, Limited, owner of the British steamship •Trojan, against the American Smelting & Refining Company,-on general average bond.
1Opinion of the Court
HOUGH, District Judge.
[1] The Trojan grounded in Raritan Bay, while in, or almost wholly in, the channel leading to her port of destination — Perth Amboy. The proximate cause of stranding was failure of the necessary tugs to reach her on time and as ordered, whereby she slowed and stopped so as to miss the height of the tide. She could not be expected to get through except at full high water. Thereafter the prevailing winds kept the water low for several days, and she did not float until 1,300-1,500 tons of cargo had been lightered. She was carrying ore and nitrate. The latter would have been…
2Cases cited1 opinion
- Indemnity Mut. Marine Assur. Co. v. United Oil Co.District Court, S.D. New York · 1898
3Cited by6 opinions
- Navigazione Generale Italiana v. Spencer Kellogg & Sons, Inc.Court of Appeals for the Second Circuit · 1937
- United States v. Wessel, Duval & Co.District Court, S.D. New York · 1954
- The LackawannaDistrict Court, W.D. New York · 1915
- American African Export Co. v. S.S. Export ChampionDistrict Court, S.D. New York · 1977
- Oneida Navigation Corp. v. Alliance Assurance Co.New York Supreme Court · 1926
1 more not listed; retrieve them via the Exa API.