The Volunteer
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Southern District of New York. . Libel filed by" the owner of a cargo of coal on board tbe barge McNally and by the master of the barge, to recover, respectively, for the loss of the cargo and for the personal effects of said master. The libel alleged that the tug Volunteer was negligent in towing the McNally upon the wrecis of the barge Doherty, which lay sunk in the channel at South Norwalk, Conn.
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Appeal from the District Court of the United States for the Southern District of New York. . Libel filed by" the owner of a cargo of coal on board tbe barge McNally and by the master of the barge, to recover, respectively, for the loss of the cargo and for the personal effects of said master. The libel alleged that the tug Volunteer was negligent in towing the McNally upon the wrecis of the barge Doherty, which lay sunk in the channel at South Norwalk, Conn. It also alleged that the owners of the Doherty were at fault in not maintaining a light above said wreck. The collision occurred about…
1Opinion of the Court
COXE, Circuit Judge.
If there were a light above the wreck at the time of the collision the' tug was at fault; if not, the owners of the Doherty were at fault for failing to keep a light there. The question thus presented was one of fact and was decided by the district judge after hearing and seeing the witnesses. We have repeatedly held that such a finding will not be disturbed unless clearly against the weight of evidence.
That a lantern showing a red light had been set above the wreck, capable of burning for 24 hours after each filling, is proved by uncontradicted testimony. It was refilled…
2Cases cited3 opinions
- The HudsonDistrict Court, S.D. New York · 1883
- StarinCourt of Appeals for the Second Circuit · 1903
- The Fin MacCoolCourt of Appeals for the Second Circuit · 1906
3Cited by6 opinions
- Empire Seafoods, Inc. v. AndersonCourt of Appeals for the Fifth Circuit · 1968
- Morse Dry Dock & Repair Co. v. Susquehanna S. S. Co.Court of Appeals for the Second Circuit · 1923
- Thor v. Tropical Fruit Co.Court of Appeals for the Second Circuit · 1922
- B. Turecamo Towing Corp. v. United StatesCourt of Appeals for the Second Circuit · 1942
- McWilliams Bros. v. Pennsylvania R.District Court, S.D. New York · 1919
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