The America
U.S. Circuit Court for the District of Southern New York
[In admiralty. Libel for collision by the ■Camden & Amboy Railroad Transportation Company, owner of the steam tug Fairfield, against the steam ferryboat America, (the Union Ferry Company, claimant) The district court dismissed the libel, with costs, (Case No. 281,) but on appeal the decree was reversed by this court, and a reference •ordered, (The America, Case No. 284.)2 Heard ■on exceptions to the commissioner’s report.
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[In admiralty. Libel for collision by the ■Camden & Amboy Railroad Transportation Company, owner of the steam tug Fairfield, against the steam ferryboat America, (the Union Ferry Company, claimant) The district court dismissed the libel, with costs, (Case No. 281,) but on appeal the decree was reversed by this court, and a reference •ordered, (The America, Case No. 284.)2 Heard ■on exceptions to the commissioner’s report. Overruled.] In this case, which was an action in rem by the owners of the steamboat Fairfield against the steamboat America, to recover for the damages sustained by the…
1Opinion of the Court
WOODRUFF, Circuit Judge.
I think the •exceptions filed in this case were properly overruled. There is nothing to show that the libellants did not exercise a just and wise discretion in raising the Fairfield. Until she was raised it was impossible to determine whether she could be repaired without too great expense. Indeed, had she not been raised, and the libellants had come into court claiming her value, the objection that they should have raised her, or proved that she could not be raised and repaired, would ■ have been effectually urged by the claimants of the America. The libellants were…
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- McBride Ex Rel. I.M.S. v. Estis Well Service, L.L.C.Court of Appeals for the Fifth Circuit · 2014
- Pratt v. The HavilahCourt of Appeals for the Second Circuit · 1892
- The BulgariaDistrict Court, N.D. New York · 1897
- Union Trust Co. of Albany v. SmithCourt of Appeals for the Second Circuit · 1904
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