Legal Opinion

The Eugene F. Moran

Supreme Court of the United States

Decided February 23, 1909No. 87, 88PublishedCited by 97 opinions

CERTIFICATES FROM THE CIRCUIT COURT OF APPEALS FOR THE SECOND CIRCUIT. The'facts are stated in the opinion. An equitable solution of the problem would be to treat the' libellant and the respective claimants as the real parties and to divide the damages equally among the owners of the various vessels at fault irrespective of the form of the action.

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CERTIFICATES FROM THE CIRCUIT COURT OF APPEALS FOR THE SECOND CIRCUIT. The'facts are stated in the opinion. An equitable solution of the problem would be to treat the' libellant and the respective claimants as the real parties and to divide the damages equally among the owners of the various vessels at fault irrespective of the form of the action. In the alternative the tug and tow should be deemed a single vessel, and where the'tug and tow are jointly in fault the damages should be divided equally between the tug and .tow and a third vessel also in fault, and as between the tug and its tow…

1Opinion of the CourtJustice Holmes

These cases come here on certificates setting forth in nearly the same terms the facts of a collision. They both are proceedings in rem. In the-first the New York Central and Hudson River-Railway Company, as owners of a car-float that was damaged, libels the steam tug Charles D. Matthews, the steam'tüg Eugene F. Moran, and the scows 15 D and 18 D. In the-second, the Henry Dubois Sons Company, as owner of the two scows, libels the two steam tugs. The statement of facts, slightly abridged, is as follows: At about half past seven, in the evening - of February 1, 1905, thé railroad company’s…

2Cases cited11 opinions

  1. The Max MorrisSupreme Court of the United States · 1890
  2. The ChinaSupreme Court of the United States · 1869
  3. The "Atlas."Supreme Court of the United States · 1876
  4. Homer Ramsdell Transportation Co. v. La Compagnie Générale TransatlantiqueSupreme Court of the United States · 1901
  5. The BarnstableSupreme Court of the United States · 1901

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3Cited by97 opinions

  1. United States v. Reliable Transfer Co.Supreme Court of the United States · 1975
  2. Bisso v. Inland Waterways Corp.Supreme Court of the United States · 1955
  3. St. Louis & San Francisco Railroad v. ConartySupreme Court of the United States · 1915
  4. Munsey v. WebbSupreme Court of the United States · 1913
  5. Liverpool, Brazil & River Plate Steam Navigation Co. v. Brooklyn Eastern District TerminalSupreme Court of the United States · 1919

92 more not listed; retrieve them via the Exa API.

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