Legal Opinion
The Wollaston
District Court, S.D. New York
Decided April 25, 1945PublishedCited by 4 opinions
1Opinion of the Court
CAFFEY, District Judge.
The action sounds in negligence. The essence of the libellant’s statement of its claim is in paragraphs third and fourth of the libel.
At the inception, we should note what is the function of a presumption of negligence. This is well described in South-gate v. Eastern Transp. Co., 4 Cir., 21 F.2d 47. The court made the following *285statement (21 F.2d at page 49): “The happening of an accident to a tow does not of itself raise any presumption of negligence on the part of the tug; and the burden of proof is upon the party seeking to charge the tug with liability therefor. The…
2Cases cited13 opinions
- Stevens v. the White CitySupreme Court of the United States · 1932
- Southgate v. Eastern Transp. Co.Court of Appeals for the Fourth Circuit · 1927
- Leach v. Hedger Transp. Co.Court of Appeals for the Second Circuit · 1933
- The Joseph J. HockCourt of Appeals for the Second Circuit · 1934
- The Mary T. TracyCourt of Appeals for the Second Circuit · 1925
8 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Banana Distributors, Inc. v. United Fruit Co.District Court, S.D. New York · 1961
- Gulf Oil Corporation v. Tug Gulf ExplorerDistrict Court, E.D. Louisiana · 1971
- Oil Transfer Corp. v. Atlantic Tankers, Ltd.District Court, S.D. New York · 1960
- Gulf Oil Corp. v. The Edward CardDistrict Court, E.D. New York · 1954