Nelson v. Phoenix Chemical Works
District Court, E.D. New York
This was a libel by [Christopher Nelson] the owner of the Gen. Lyon, to recover damages for an injury received by her, by giounding while lying in a berth at a dock owned by the respondents. The vessel had brought a cargo consigned to the respondents, who directed the berth at which they wished her to discharge.
1Opinion of the Court
BENEDICT, District Judge.
No recovery can be had in this action, except upon proof of negligence on the part of the wharfinger, resulting in damage to the libellant’s vessel, while moored at the defendants’ wharf. The evidence shows no negligence in the construction of the wharf. As to the condition of the bottom, in the berth to be occupied by vessels when fast to the pier, the evidence is not sufficient to warrant the conclusion that it was not made as level as could be reasonably demanded, and as any obligation on the part of the wharfinger required.
Some variation in the depth of water in…
2Cited by2 opinions
- Crossan v. WoodDistrict Court, S.D. New York · 1890
- O'Boyle v. New York Steam Co.District Court, E.D. New York · 1918