Legal Opinion

The Charles B. Sandford

Court of Appeals for the Second Circuit

Decided February 10, 1913No. 123PublishedCited by 7 opinions

Appeal from the District Court of the United States for the Southern District of New York; Learned Hand, Judge. Petition in admiralty by John Scully, owner of the steam tug Charles B. Sandford, for limitation of liability. From a decree holding the tug solely in fault for the loss of part of her tow, petitioner appeals.

1Per curiam

We concur with Judge Hand in the finding that the storm was not of an unusual or extraordinary character. One might expect to encounter such a storm in that part of Long Island Sound at any time. We also concur in his conclusion that the Sandford *78was not of sufficient power to undertake to haul such a tow as this through the Sound with the chance of meeting such a storm. The event shows this quite clearly.

It is contended on appeal that; her lack of power was not the cause of the catastrophe, because before it happened her own power was supplemented by the much great power of the Hokendauqua.…

2Cited by7 opinions

  1. The SeveranceCourt of Appeals for the Fourth Circuit · 1945
  2. Pennsylvania Railroad Co. v. the SS BeatriceDistrict Court, S.D. New York · 1958
  3. The Daniel McAllisterCourt of Appeals for the Second Circuit · 1919
  4. The Fred B. Dalzell, Jr.Court of Appeals for the Second Circuit · 1924
  5. The BulleyCourt of Appeals for the Second Circuit · 1920

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