Legal Opinion
C. F. Harms Co. v. Turner Const. Co.
Court of Appeals for the Second Circuit
Decided November 21, 1924No. 15PublishedCited by 5 opinions
1Opinion of the CourtHough, Circuit Judge
(after stating the 'facts as above). The pleadings herein give no indication of the ease that was actually tried. Libelant sued upon a breach of an alleged contract to return this chartered vessel in the same order and condition, in which she was received, ordinary wear and tear excepted, and no such contract was proven. Therefore respondent, as charterer, was liable for negligence only, and the burden was upon libelant to prove it. Harms v. Upper Hudson Co., 234 F. 859, 148 C. C. A. 457; Schoonmaker v. Lambert (C. C. A.) 268 F. 102.
The evidence given as to soundings around the barge as she…
2Cases cited3 opinions
- Schoonmaker Conners Co. v. Lambert Transp. Co.Court of Appeals for the Second Circuit · 1920
- C. F. Harms Co. v. Upper Hudson Stone Co.Court of Appeals for the Second Circuit · 1916
- Morey v. City of New RochelleCourt of Appeals for the Second Circuit · 1918
3Cited by5 opinions
- Rogers v. Moran Towing & Transportation Co.Court of Appeals for the Second Circuit · 1927
- Price v. Long Dock Co.District Court, E.D. New York · 1938
- Lee & Simmons, Inc. v. Erie R.District Court, E.D. New York · 1930
- Triboro Scow Corp. v. M. F. Hickey Co.Court of Appeals for the Second Circuit · 1960
- Triboro Scow Corporation v. M. F. Hickey Co.Court of Appeals for the Second Circuit · 1960