Legal Opinion

The Willie

Court of Appeals for the Second Circuit

Decided December 12, 1910No. 9PublishedCited by 3 opinions

Appeal from the District Court of the United States for the Southern District of New York. Suit in admiralty by Edward G. Murray as owner of the canal boat George Emsley against the Shepard & Morse Lumber Company and the steam tug Willie, Charles W. Bridgins and others, claimants. Decree for respondents, and libelant appeals.

Read the full summary

Appeal from the District Court of the United States for the Southern District of New York. Suit in admiralty by Edward G. Murray as owner of the canal boat George Emsley against the Shepard & Morse Lumber Company and the steam tug Willie, Charles W. Bridgins and others, claimants. Decree for respondents, and libelant appeals. On appeal from a decree of the District Court for the Southern District of New York, dismissing the libel in an action brought by the owner of the canal boat George Emsley against the Shepard & Morse Lumber Company and the steam tug Willie to recover damages sustained by…

1Opinion of the Court

COXE, Circuit Judge.

The controlling question is — was the tug negligent? If not, there can be no recovery. The cause was tried in open court the witnesses appearing before the District Judge. The principal fault charged against the tug is that she left the canal boat moored at the pier at Twenty-Eighth street when she should have placed her in the Richards Basin. The owners of the tug insist that the contract was to tow her to the foot of Twenty-Eighth street and! that they expressly declined to put her into the basin because it was congested, explaining that:

“Richards was hauling boats from…

2Cited by3 opinions

  1. Burns Bros. v. Cornell Steamboat Co.Court of Appeals for the Second Circuit · 1931
  2. The Mary EthelDistrict Court, E.D. New York · 1923
  3. The WinthropCourt of Appeals for the Second Circuit · 1920

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API