Garfield & Proctor Coal Co. v. McLean
Court of Appeals for the First Circuit
Appeal from the District Court of the United States for the District of New Hampshire. This was a libel in rem by the Garfield & Proctor Coal Company against the schooner Mount Hope, to recover for the loss of a barge, which was cut adrift through fear of collision with the schooner. The district court dismissed the libel (79 Fed. 119), and the libelant has appealed.
1Opinion of the Court
PUTNAM, Circuit Judge.
This case arose out of a series of marine disasters, occurring on September 19, 1896, in Vineyard Sound and near its mouth, as the result of which the barge Fantee was lost; and the schooner Mount Hope was libeled in the court below as legally responsible therefor. The libel was dismissed, and the owner of the barge appealed. The essential portions of the case, substantially as set out by the appellant, are as follows:
Tbe barge Fantee, formerly a bark, was of 580 tons burden, and was equipped with only a leg of mutton mainsail, foresail, and jib. Sbe was employed in tbe…
2Cases cited3 opinions
- New Bedford Steam Coasting Corp. v. NickersonCourt of Appeals for the First Circuit · 1897
- Merchants' & Miners' Transp. Co. v. Norfolk & W. R.Court of Appeals for the First Circuit · 1896
- Hendry v. Ocean Steamship Co.Court of Appeals for the First Circuit · 1896
3Cited by7 opinions
- The Admiral SchleyCourt of Appeals for the First Circuit · 1904
- The MargueriteDistrict Court, D. Massachusetts · 1898
- Delaware, L. & W. R. v. DonnellCourt of Appeals for the First Circuit · 1899
- The St. FrancisDistrict Court, D. Maryland · 1947
- Palmer v. Merchants' & Miners' Transp. Co.District Court, D. Massachusetts · 1907
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