Legal Opinion

Boston, C. C. & N. Y. Canal Co. v. Staples Transp. Co.

Court of Appeals for the First Circuit

Decided November 5, 1917No. 1288PublishedCited by 2 opinions

Appeal from the District Court of the United States for the District of Massachusetts; James M. Morton, Jr., Judge. Suit in admiralty by the Staples Transportation Company against the Boston, Cape Cod & New York Canal Company. Decree for libel-ant, and respondent appeals.

1Opinion of the Court

DODGE, Circuit Judge.

When they received the injuries for which the District Court has awarded damages, the appellee’s tug and barge were passing northward through the appellant’s canal.

Not only were they in the canal and using it as above by the appellant’s invitation, but, in consideration of the agreed tolls, the appellant had also undertaken to pilot them through the canal. Its pilot was in charge of them, in performance of said undertaking. He was in sole control of their movements. The officers and crew of each vessel were for the time being acting under his orders. We find no error in…

2Cases cited10 opinions

  1. Smith v. BurnettSupreme Court of the United States · 1899
  2. The W. G. MasonCourt of Appeals for the Second Circuit · 1905
  3. Burr v. Knickerbocker Steam Towage Co.Court of Appeals for the First Circuit · 1904
  4. The WyomissingCourt of Appeals for the Second Circuit · 1915
  5. Higgins v. Lynn Gas-Light Co.District Court, D. Massachusetts · 1887

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3Cited by2 opinions

  1. Guinan v. Boston, Cape Cod & New York Canal Co.Court of Appeals for the Second Circuit · 1924
  2. The WesterlyCourt of Appeals for the First Circuit · 1918

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