Legal Opinion

The City of Boston

District Court, D. Massachusetts

Decided February 18, 1909No. 161PublishedCited by 7 opinions

In Admiralty. Proceeding by the Winnisimmet Company, as owner of the ferryboat City of Boston, for limitation of liability, in which Mary R. Davenport and Vernon B. Davenport filed claims. On motion for the appointment of a commissioner to take proofs, and motion by petitioner for consolidation with other proceedings.

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In Admiralty. Proceeding by the Winnisimmet Company, as owner of the ferryboat City of Boston, for limitation of liability, in which Mary R. Davenport and Vernon B. Davenport filed claims. On motion for the appointment of a commissioner to take proofs, and motion by petitioner for consolidation with other proceedings. On motions by Mary D. and Vernon B. Davenport for the appointment of a commissioner to take proof of their claims, and on motions of Winnisimmet Company for consolidation of this case with case No. 134 (182 Fed. 179), in which the Eastern Dredging Company is petitioner. for…

1Opinion of the Court

DODGE, District Judge.

Whatever the title under which it may be docketed, this case is really that of the petition of the Winnisimmet . Company for limitation of liability, the proceedings in which, under the mandate of the Court of Appeals, are to be continued and completed according to the principles laid down by that court in its opinion.

The collision out of which the case arises is'now held by that court to have been due, not to the sole fault of the Eastern Dredging Company’s scow, as this court held, but to the fault of the scow and the fault as well of the petitioner’s ferryboat. Both…

2Cited by7 opinions

  1. British Transport Commission v. United StatesSupreme Court of the United States · 1957
  2. Adler v. SeamanCourt of Appeals for the Eighth Circuit · 1920
  3. New Jersey Barging Corp. v. T. A. D. Jones & Co.District Court, S.D. New York · 1955
  4. Department of Highways v. Jahncke Service, Inc.Court of Appeals for the Fifth Circuit · 1949
  5. Fyfe v. Pan-Atlantic S. S. Corp.District Court, S.D. New York · 1941

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