Legal Opinion

Kiernan v. Lake Champlain Transp. Co.

Court of Appeals for the Second Circuit

Decided May 11, 1921No. Nos. 217-221PublishedCited by 7 opinions

Appeals from the District Court of the United States for the Southern District of New York. Suits in admiralty by John Kieman against the Lake Champlain Transportation Company. From the decree, both parties appeal. Affirmed. Suits by Ellen A. Forsyth, by John Forsyth, and by Thomas Costello against the same respondent, in which libelants appeal.

Read the full summary

Appeals from the District Court of the United States for the Southern District of New York. Suits in admiralty by John Kieman against the Lake Champlain Transportation Company. From the decree, both parties appeal. Affirmed. Suits by Ellen A. Forsyth, by John Forsyth, and by Thomas Costello against the same respondent, in which libelants appeal. All the libelants are owners of boats of the kind used in navigating the canalized waters of the upper Hudson, Lake Champlain, and the Richelieu river; all complain of injuries received while in tow of tugs owned by the respondent ; and all the…

1Opinion of the CourtHough, Circuit Judge

(after stating the facts as above). The claim arising at Ticonderoga is as follows: The boats Burchard, Baudet, and Kitty Forsyth were in midsummer weather taken in tow by respondent’s tug at Whitehall, N. Y., bound for St. Johns, Canada. The channel for most of the distance from Whitehall to Ticonderoga is narrow and tortuous, but on reaching Montcalm, something less than two miles from Ticonderoga Bridge, the channel of 12 feet or upward is 800 yards wide, and at this point there is a landing. The Ticonderoga railroad bridge has a draw with an opening of 300 feet, and through this the tow…

2Cases cited1 opinion

  1. The W. G. MasonCourt of Appeals for the Second Circuit · 1905

3Cited by7 opinions

  1. The Clarence P. HowlandCourt of Appeals for the Second Circuit · 1926
  2. Bisso v. Inland Waterways Corp.District Court, E.D. Louisiana · 1953
  3. The White CityCourt of Appeals for the Second Circuit · 1931
  4. New York Towing & Transportation Co. v. Ford Motor Co.Court of Appeals for the Third Circuit · 1932
  5. National Transport Corp. v. Tug AbqaiqCourt of Appeals for the Second Circuit · 1969

2 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API