Legal Opinion
Kenny v. Balbach Smelting & Refining Co.
District Court, S.D. New York
Decided April 27, 1923PublishedCited by 4 opinions
1Opinion of the Court
WARD, Circuit Judge.
August 20, 1918, at about 6:30 a. m., at high water, the deck scow Kaolin, belonging to the libelant Kenny, with a cargo of slag consigned to the respondent, made fast with her starboard side alongside the respondent’s bulkhead at Newark Bay, waiting her turn to be unloaded at the respondent’s hopper. When the tide fell, she settled on an obstruction within 3 or 4 feet of the face of the bulkhead and began to leak. The captain went below and saw water spouting into the hold, and then went to respondent’s office to report. While he was there the scow listed to port, dumped…
2Cases cited2 opinions
- Panama Railroad v. Napier Shipping Co.Supreme Court of the United States · 1897
- Conklin v. R. P. & J. H. Staats Co.Court of Appeals for the Third Circuit · 1908
3Cited by4 opinions
- James McWilliams Blue Line, Inc. v. Youghiogheny & Ohio Coal Co.District Court, D. Connecticut · 1937
- Kenny v. Venetian Contracting Co.District Court, E.D. New York · 1932
- Perkins v. Bethlehem Steel Corp.Court of Appeals for the Third Circuit · 1930
- Berwind White Coal Mining Co. v. City of New YorkDistrict Court, S.D. New York · 1930