Neall v. Schrader
Court of Appeals for the Third Circuit
Appeal from the District Court of the United states for the Eastern District of Pennsylvania. This was a libel in rem by John J. Schrader, owner of the barges Tonawanda and Wallace, against the steam tug Battler (Frank L. Neail, trustee, claimant), to recover for the loss of the barges through the alleged negligence of the tng. The district court rendered a decree for libelant (Í55 Fed. 1006), and the claimant appealed.
1Opinion of the Court
ACHESON, Circuit Judge.
The fundamental question here is whether the anchorage of the Brown, in Delaware Bay, 2 or 8 miles to the eastward of the buoy of the Brown, and about 8 or 10 miles from sea, where the master of the steam tug Battler brought to anchor the barges Tonawanda and Wallace, on the afternoon of Thursday, September 5, 1880, was a safe and proper place of anchorage for these barges, such as an experienced, competent, and prudent master of a towing tug would have selected for the purpose, under the surrounding circumstánces. The Tonawanda and Wallace were sea-going barges of…
2Cases cited4 opinions
- Lawrence v. MinturnSupreme Court of the United States · 1855
- Castle v. The PackerU.S. Circuit Court for the District of Southern New York · 1886
- The W. E. GladwishU.S. Circuit Court for the District of Southern New York · 1879
- The James P. DonaldsonDistrict Court, E.D. Michigan · 1883
3Cited by9 opinions
- Kenny v. Cornell Steamboat Co.Court of Appeals for the Second Circuit · 1921
- The Mary T. TracyCourt of Appeals for the Second Circuit · 1925
- The Sea KingCourt of Appeals for the Second Circuit · 1928
- The CzarinaDistrict Court, N.D. California · 1901
- The No. 6HDistrict Court, E.D. New York · 1901
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