The Scow No. 15
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Southern District of New York. This cause comes here upon cross appeals from a decree of (:he district court, Southern district of New York, awarding the libelant §32.50 for 26 days’ wharfage, for the use and occupation of a berth at the pier at foot of 134th street, North river.
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Appeal from the District Court of the United States for the Southern District of New York. This cause comes here upon cross appeals from a decree of (:he district court, Southern district of New York, awarding the libelant §32.50 for 26 days’ wharfage, for the use and occupation of a berth at the pier at foot of 134th street, North river. The determination of the cause involves the construction of Laws N. Y. 1882, c. 410, § 798, which reads as follows: “Sec. 70S. It shall he lawful to charge and receive, within the city of New York, wharfage and (lockage at the following rates, namely: From…
1Per curiam
The section referred to (Laws N. Y. 1882, c. 410, § 798) is so ungrammatically phrased that it is not susceptible of any literal construction which would not lead to some inconsistency or absurdity. In such cases interpretation according to intent is peculiarly applicable. While we do not entirely agree with the reasoning by which the district court reached its conclusion, we do concur in that conclusion, which requires vessels like claimant’s to pay the same rate as barges, which they resemble more nearly than they do any other vessel specifically enumerated in the section. The contention of…
2Cases cited6 opinions
- The LottawannaSupreme Court of the United States · 1875
- Ex Parte EastonSupreme Court of the United States · 1877
- The Kate TremaineDistrict Court, E.D. New York · 1871
- Empire Warehouse Co. v. The AdvanceDistrict Court, S.D. New York · 1894
- Woodruff v. One Covered ScowDistrict Court, E.D. New York · 1887
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- The William LeishearDistrict Court, D. Maryland · 1927
- The M. L. C. No. 10Court of Appeals for the Second Circuit · 1926
- Beard v. Marine Lighterage Corp.District Court, E.D. New York · 1924
- The PoznanDistrict Court, S.D. New York · 1923
- The C. W. MooreDistrict Court, E.D. Wisconsin · 1901
2 more not listed; retrieve them via the Exa API.