Legal Opinion

The J. S. T. Stranahan

Court of Appeals for the Second Circuit

Decided November 16, 1908No. 62PublishedCited by 6 opinions

Appeal from the District Court of the United States for the Southern District of New York. On appeal from a, decree entered on the 8th day of November, 1907, awarding damages to the libelant for injuries sustained to its steamship Maria by striking the pier at the entrance of the Fríe Basin while in tow of the steam tugs belonging to the claimant.

1Per curiam

But a word need be added to the opinion of the District Judge. The. Maria was solely in charge of the tugs. She had no motive power of her own. It was for the tugs to determine whether they could tow her safely to her destination, and they should have ascertained positively whether she had steam up before they undertook the maneuver. Whether they knew this fact when they first made fast is debateable; but they certainly knew that she had no steam before they got into a position of danger, and we are convinced that they could have brought her to a position of safety and held her *440there until…

2Cited by6 opinions

  1. The SeveranceCourt of Appeals for the Fourth Circuit · 1945
  2. Pennsylvania Railroad Co. v. the SS BeatriceDistrict Court, S.D. New York · 1958
  3. Gilchrist Transp. Co. v. Great Lakes Towing Co.District Court, D. New Jersey · 1916
  4. Diamond S. S. Transp. Corp. v. Peoples Savings Bank & Trust Co.Court of Appeals for the Fourth Circuit · 1945
  5. The WyomissingDistrict Court, E.D. New York · 1930

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