The Lady Wimett
District Court, N.D. New York
This is a libel, filed by the Deering Harvester Company and Emile Thiele, as owners of the cargo of the canal boat Niobe, to recover damages for the loss of the cargo alleged to have been occasioned by the negligence of the steamer Lady Wimett while towing the canal boat from Black Bock Harbor to the harbor of Buffalo.
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This is a libel, filed by the Deering Harvester Company and Emile Thiele, as owners of the cargo of the canal boat Niobe, to recover damages for the loss of the cargo alleged to have been occasioned by the negligence of the steamer Lady Wimett while towing the canal boat from Black Bock Harbor to the harbor of Buffalo. On the morning of August 10, 1897, the Lady Wimeti, a steam canal boat, with her consorts, the Niobe and two other canal boats, was lying at Black Rock Harbor, having arrived the previous evening. She was destined for Buffalo. The canal was closed between Black Rock and…
1Opinion of the Court
■ .COXE, District Judge
(after stating the facts as above). A tug is neither a common carrier nor an insurer. She is bound to use reasonable skill and care and is liable when the absence of these is established. The Margaret, 94 U. S. 494; Milton v. Steamboat Co., 37 N. Y. 210; The Webb, 14 Wall. 406. A tug, using ordinary-care, is not liable for the sudden sheering of the tow. The Stranger, 1 Brown, Adm. 281, Fed. Gas. No. 13,525. The burden is upon the libelants to prove that the tug failed to tow the canal boat with that degree of skill which prudent navigators usually employ in similar…
2Cases cited6 opinions
- The "Margaret."Supreme Court of the United States · 1877
- The Steamer WebbSupreme Court of the United States · 1872
- Milton v. . Hudson River Steamboat Co.New York Court of Appeals · 1867
- Pederson v. John D. Spreckles & Bros.Court of Appeals for the Ninth Circuit · 1898
- Hubbell v. The HerculesU.S. Circuit Court for the District of Eastern Michigan · 1893
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- The Thomas WilsonDistrict Court, N.D. New York · 1903
- Baltimore & Boston Barge Co. v. Knickerbocker Steam Towage Co.District Court, D. Maine · 1908
- Cary-Davis Towing Co. v. SpradleyWashington Supreme Court · 1921
- The BearDistrict Court, E.D. New York · 1925
- The Lady WimettCourt of Appeals for the Second Circuit · 1900
2 more not listed; retrieve them via the Exa API.