The Robert R.
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Southern District of New York. Suit in admiralty by H. D. Boret against the lighter Robert R., Jacob Rice, claimant; the steamship Prinz Frederick Hendrik, Royal Dutch West India Mail Company, claimant; Angelo Pellegrino and Carmelo Pellegrino, and Johnson Lighterage Company, incorporated, impleaded. Decree for libelant against the steamship alone, and her claimant appeals.
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Appeal from the District Court of the United States for the Southern District of New York. Suit in admiralty by H. D. Boret against the lighter Robert R., Jacob Rice, claimant; the steamship Prinz Frederick Hendrik, Royal Dutch West India Mail Company, claimant; Angelo Pellegrino and Carmelo Pellegrino, and Johnson Lighterage Company, incorporated, impleaded. Decree for libelant against the steamship alone, and her claimant appeals. This is an appeal from a decree whereby the libelant recovered from the steamship Prinz Frederick Hendrik and her claimant, Royal Dutch West India Mail Company,…
1Opinion of the CourtAugustus N. Hand, District Judge
(after stating the facts as above). [1,2] There can be no doubt that the steamship under the contract of carriage is liable in any event for the damage suffered. In spite of the fact that the Pellegrinos were independent contractors, it is contended that the steamship is liable in tort on the ground that *39a contract to discharge a vessel of a cargo like copper ore, without adequate provision for trimming, was dangerous in itself because large lumps of ore would not spread by mere dumping. This theory will hardly bear analysis. Other vessels were safely loaded with ore at Pier 3 without…
2Cases cited5 opinions
- MacKnight Flintic Stone Co. v. Mayor of New YorkNew York Court of Appeals · 1899
- Lawrence v. MinturnSupreme Court of the United States · 1855
- Penn Bridge Co. v. City of New OrleansCourt of Appeals for the Fifth Circuit · 1915
- The M. E. LuckenbachCourt of Appeals for the Second Circuit · 1914
- SatillaCourt of Appeals for the Second Circuit · 1916
3Cited by21 opinions
- Hugev v. Dampskisaktieselskabet InternationalDistrict Court, S.D. California · 1959
- Demsey & Associates, Inc. v. S.S. Sea StarCourt of Appeals for the Second Circuit · 1972
- Cory Bros. & Co. v. United StatesCourt of Appeals for the Second Circuit · 1931
- Soderberg v. Atlantic Lighterage CorporationCourt of Appeals for the Second Circuit · 1927
- The Harper No. 145Court of Appeals for the Second Circuit · 1930
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