Legal Opinion

The Soerstad

District Court, S.D. New York

Decided March 28, 1919PublishedCited by 20 opinions

In Admiralty. Libel of the Skibsakties Soerstad, owner of the bark Soerstad, against the Moran Towing & Transportation Company.

1Opinion of the Court

LEARNED HAND, District Judge.

The bald question raised by this case is whether a tug owner, who has agreed to tow a vessel, may limit his responsibility under section 18 of the Act of June 26, 1884, c. 121 (Comp. St. § 8028), when in performance of that contract the tug negligently collides with and sinks the tow. The libelant’s position depends upon what it supposes to be the effect of Pendleton v. Benner Line, 246 U. S. 353, 38 Sup. Ct. 330, 62 L. Ed. 770, and Luckenbach v. McCahan Sugar Co., 248 U. S. 139, 39 Sup. Ct. 53, 63 L. Ed. —. In each of these cases the owner was held liable without…

2Cases cited3 opinions

  1. Luckenbach v. W. J. McCahan Sugar Refining Co.Supreme Court of the United States · 1918
  2. Richardson v. HarmonSupreme Court of the United States · 1911
  3. Pendleton v. Benner LineSupreme Court of the United States · 1918

3Cited by20 opinions

  1. Metropolitan Coal Co. v. HowardCourt of Appeals for the Second Circuit · 1946
  2. Strika v. Netherlands Ministry of Traffic, Directorate General of ShippingCourt of Appeals for the Second Circuit · 1950
  3. Signal Oil & Gas Co. v. Barge W-701Court of Appeals for the Fifth Circuit · 1981
  4. Petitions of the Kinsman Transit Company, as Owner and Operator of the Steamer MacGilvray Shiras, and of Midland Steamship Line, Inc., as Owner and Operator of the Steamer Michael K. Tewksbury, Their Engines, Etc., for Exoneration From or Limitation of Liability, City of Buffalo, Claimant-Respondent-Appellant, Kelley Island New York Corporation, Claimants-AppelleesCourt of Appeals for the Second Circuit · 1964
  5. Earle & Stoddart, Inc. v. Ellerman's Wilson Line, Ltd.Supreme Court of the United States · 1932

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