Legal Opinion

McWilliams v. Philadelphia & R. Ry. Co.

Court of Appeals for the Second Circuit

Decided February 18, 1913No. 147PublishedCited by 14 opinions

Appeal from the District Court of the United States for the District of New York; George B. Adams, Judge. Suit in admiralty by Owen J. McWilliams and others against the Philadelphia & Reading Railway Company. Decree for libelants, and respondent appeals.

1Opinion of the Court

WARD, Circuit Judge.

January 30, 1905, Philadelphia & Reading tugs Pencoyd and Wyomissing at about the last of the flood tide hung up a flotilla of 11 coal-laden boats at the foot of Nineteenth street, East River, from which point they were to be singled out and distributed to their destinations. The libelants are the owners of the boats Ben Miller and Blue Mountain; the former being the port and the latter the starboard hawser boat. Their libel alleges that the respondent’s servants made the flotilla fast, and that, when it swung downstream on the 'turn of the tide, it got adrift because of…

2Cases cited2 opinions

  1. Hughes v. Pennsylvania R. Co.District Court, S.D. New York · 1899
  2. Hughes v. Pennsylvania R.Court of Appeals for the Second Circuit · 1902

3Cited by14 opinions

  1. North Carolina Public Service Co. v. Southern Power Co.Court of Appeals for the Fourth Circuit · 1922
  2. Cleary Bros. v. Port Reading R. Co.Court of Appeals for the Second Circuit · 1928
  3. Irving Nat. Bank v. LawCourt of Appeals for the Second Circuit · 1925
  4. Graham v. EnglemannDistrict Court, S.D. Texas · 1920
  5. O'Boyle v. Cornell Steamboat Co.Court of Appeals for the Second Circuit · 1924

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