Legal Opinion
The Cape Franklin
District Court, E.D. New York
Decided May 3, 1929Published
1Opinion of the Court
INCH, District Judge.
The coal boat Cape Franklin was injured on April 18, 1924, by a collision, about 2 o’clock in the afternoon, with the barge Guinan. The tug Ashbourne had tied up both of these boats. Libelant, owner of the Cape Franklin, has sued both the Guinan and the tug.
The master of the Guinan was not produced as a witness. The testimony of the master of the Cape Franklin was offered in the form of a deposition. The captain and deck hands of the Ashbourne were witnesses at the trial.
From the evidence it seems that at the time iif question the Ashbourne had earlier in the day taken…
2Cases cited4 opinions
- The Black DiamondCourt of Appeals for the Second Circuit · 1921
- The Fin MacCoolCourt of Appeals for the Second Circuit · 1906
- The John CraigDistrict Court, N.D. New York · 1895
- Boston Insurance v. Mesick & Mesick, Inc.District Court, D. Connecticut · 1923