Pennsylvania R. v. Atha
District Court, D. New Jersey
This libel is filed by the Pennsylvania Railroad Company, owners of the barge The Delaware & Raritan Canal No. 8, against Benjamin Atha & Co., to recover damages for inj uries to the said barge whilst lying at the wharf of the respondents at Newark, on the Passaic river, under the following circumstances.
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This libel is filed by the Pennsylvania Railroad Company, owners of the barge The Delaware & Raritan Canal No. 8, against Benjamin Atha & Co., to recover damages for inj uries to the said barge whilst lying at the wharf of the respondents at Newark, on the Passaic river, under the following circumstances. On the sixth of November, 1878, Shaw Brothers, of Baltimore, shipped on board the barge 275 tons of Cumberland coal consigned to Benjamin Atha & Co., at the port of Newark, New Jersey. The barge, being towed by a steam-tug, proceeded on her trip and arrived at the wharf of the respondents in…
1Opinion of the CourtNixon, J.
The decision turns upon two questions: (1) Were the respondents responsible for the acts of Mullins in regard to the location of libelant’s barge ? (2) Did they possess such knowledge of the circumstances of the property," when they purchased, as to put them upon inquiry concerning the condition of the river bed in front? If *923the facts shown in the testimony warrant the answer of both these questions in the affirmative, there should be a decree for the libelant; if not, the libel must be dismissed.
1. In regard to the first, the respondents were the owners of a wharf upon a public, navigable…
2Cases cited4 opinions
- Nickerson v. TirrellMassachusetts Supreme Judicial Court · 1879
- Sawyer v. OakmanU.S. Circuit Court for the District of Southern New York · 1870
- Lefler v. FieldNew York Supreme Court · 1868
- Doubleday v. KressNew York Supreme Court · 1871
3Cited by4 opinions
- Henry W. Cross Co. v. BurnsCourt of Appeals for the Eighth Circuit · 1936
- Lewis v. Barber Asphalt Paving Co.District Court, S.D. New York · 1903
- Conklin v. R. P. & J. H. Staats Co.District Court, D. New Jersey · 1907
- Jones v. E. S. Woodworth & Co.South Dakota Supreme Court · 1933