The William Guinan Howard
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for, the Southern-District of New York. Uibel by Burtis M. Wasson against the barge William Guinan Howard, her tackle, etc., claimed by Thomas J. Howard, who impleaded the Philadelphia & Reading Railway Company. From a decree for claimant and the railway company, libelant appeals.
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Appeal from the District Court of the United States for, the Southern-District of New York. Uibel by Burtis M. Wasson against the barge William Guinan Howard, her tackle, etc., claimed by Thomas J. Howard, who impleaded the Philadelphia & Reading Railway Company. From a decree for claimant and the railway company, libelant appeals. Appeal from a decree in admiralty entered on the 19th day of October, 1917. The proceeding was commenced by a libel, in rem against the barge William Quinan Howard on behalf of the schooner Henry H. Chamberlain for a collision on the 26th of December, 1915, on the…
1Opinion of the CourtLearned Hand, District Judge
(after stating the facts as above). [ 1 j We all accept the excuse of the Howard that she was powerless under the circumstances. The only possible fault that can be charged against her is that her master, during the night of the 25th and 26th, should have gone ashore for.help. It seems to us somewhat fantastic to suppose that a bargemaster under the circumstances could or should have made any effort to have the boat transferred. She was a helpless scow, without means of locomotion, subject to the control and under the direction of the railroad, which towed her to her position, and we can see…
2Cases cited4 opinions
- The Edwin TerryCourt of Appeals for the Second Circuit · 1908
- The LyndhurstCourt of Appeals for the Second Circuit · 1906
- Holmes v. Cleveland, C. & C. R.District Court, N.D. Ohio · 1861
- The MediaDistrict Court, S.D. New York · 1904
3Cited by18 opinions
- Doherty v. Pennsylvania R.Court of Appeals for the Second Circuit · 1920
- In Re Pennsylvania R. Co.Court of Appeals for the Second Circuit · 1931
- CF HARMS CO. v. Erie R. Co.Court of Appeals for the Second Circuit · 1948
- Pennsylvania R. v. James McWilliams Towing LineCourt of Appeals for the Second Circuit · 1921
- F. E. Grauwiller Transp. Co. v. Exner Sand & Gravel Corp.Court of Appeals for the Second Circuit · 1947
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