Legal Opinion

Merchants & Miners Transp. Co. v. New England Dredging Co.

Court of Appeals for the First Circuit

Decided October 23, 1896No. 166PublishedCited by 14 opinions

Appeal from the District Court of the United States for the District of Massachusetts. This was a libel by the New England Dredging Company against the steamer D. F. Miller, the Merchants & Miners Transportation Company, claimant, to recover damages resulting from two collisions of the steamer with the libelant’s barge or dredge. The district court rendered a decree for the libelant, and the claimant has appealed.

1Opinion of the Court

PUTNAM, Circuit Judge.

This appeal relates to two collisions between a steamer coming out of, and afterwards entering, Boston Harbor, and a barge engaged in deepening a channel under the authority of the state of Massachusetts, and secured by spuds in the respective positions of doing her work, at points inconveniently near ike whaif of the steamer. The collisions occurred in open daylight, and without any special stress of tide or weather. The steamer has rested her case on the propositions that she was navigated with prudence and skill, and that the harge was in fault in certain particulars,…

2Cases cited4 opinions

  1. The OregonSupreme Court of the United States · 1895
  2. The" Virginia Ehrman" and The" Agnese"Supreme Court of the United States · 1878
  3. The BritanniaSupreme Court of the United States · 1894
  4. New York and Virginia Steamship v. Ezra CalderwoodSupreme Court of the United States · 1857

3Cited by14 opinions

  1. Ross v. Merchants & Miners Transp. Co.Court of Appeals for the First Circuit · 1900
  2. The StadaconaCourt of Appeals for the Sixth Circuit · 1917
  3. DirectorDistrict Court, S.D. Alabama · 1910
  4. In re Grand MananDistrict Court, D. Maine · 1913
  5. Lehigh Valley Transp. Co. v. ChisholmCourt of Appeals for the Sixth Circuit · 1907

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