The Joseph F. Clinton
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Southern District of New York. Libel by the Southern Transportation Company against the barge Joseph F. Clinton, her tackle, etc., claimed by Smith & Terry, Incorporated. From a decree for libelant, claimant appeals.
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Appeal from the District Court of the United States for the Southern District of New York. Libel by the Southern Transportation Company against the barge Joseph F. Clinton, her tackle, etc., claimed by Smith & Terry, Incorporated. From a decree for libelant, claimant appeals. The action is for salvage sendees rendered to the barge hy libelant’s tug Henrico, and on a valuation of hull, cargo, and freight of $33,400, an award was given of $6,850. In the afternoon of December 13, 1916, the Henrico left Hampton Roads, bound for New York, with a tandem tow of two coal-laden barges, of which -the…
1Opinion of the CourtHough, Circuit Judge
(after stating the facts as above). [1] Awards of salvage almost always depend for propriety on such a nice adjustment of differing estimates of danger and value that appeals, to merit consideration, must show a yielding to erroneous principle or plain misapprehension of facts. The Florence, 71 Fed. 527, IB C. C. A. 240.
[2, 3] In this instance the pleader, and therefore probably the court below, has overlooked the principle that a tug is bound by the contract of towage not to abandon both tow and contract when the former gets into trouble, until the reasonable resources of good seamanship are…
2Cases cited13 opinions
- McConnochie v. KerrDistrict Court, S.D. New York · 1881
- The FlottbekCourt of Appeals for the Ninth Circuit · 1902
- The KennebecCourt of Appeals for the Fifth Circuit · 1916
- The Thomas Purcell, Jr.Court of Appeals for the Second Circuit · 1898
- Murray v. United StatesCourt of Appeals for the Third Circuit · 1893
8 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- B v. Bureau Wijsmuller, Plaintiff-Appellant-Cross-Appellee v. The United States of America, Defendant-Appellee-Cross-AppellantCourt of Appeals for the Second Circuit · 1983
- Henjes v. Aetna Ins. Co.Court of Appeals for the Second Circuit · 1943
- Sternberg Dredging Co. v. Moran Towing & Transp. Co., IncCourt of Appeals for the Second Circuit · 1952
- Henry Du Bois Sons Co. v. Pennsylvania R. Co.Court of Appeals for the Second Circuit · 1931
- In re Bridge Construction Services of Florida, Inc.District Court, S.D. New York · 2014
7 more not listed; retrieve them via the Exa API.