Otts v. I. M. Ludington's Sons, Inc.
District Court, W.D. New York
In Admiralty. Separate suits by Joseph W. Otts, individually and as trustee and bailee of the cargo late laden on the canal boat Cumberland, and also by Charles Nicholson, individually and as trustee and bailee of the cargo late laden on the canal boat C. K. Collard, against I. M. Ludiugton’s Sons, Incorporated, and George W. Bceman. Decrees dividing damages. Decrees affirmed 229 Fed. 538,-C. C. A.-.
1Opinion of the Court
HAZEL, District Judge.
Two canal boats, the C. E. Collard and the Cumberland, sustained damages by stranding on a submerged obstruction at the bend of the Erie Canal between bridges 115 and 116 in August and October, respectively, of the year 1911. In the libel filed in each case it is substantially alleged that the obstruction resulted from the use of a dipper dredge in the excavation of the barge canal, by which stones or boulders and other material were loosened or raised and left unguarded, so that they became a menace to navigation. Both cases were tried as one, the parties stipulating…
2Cases cited9 opinions
- The "Atlas."Supreme Court of the United States · 1876
- Robinson v. . ChamberlainNew York Court of Appeals · 1866
- Water Co. v. WareSupreme Court of the United States · 1873
- St. Peter v. . DenisonNew York Court of Appeals · 1874
- Erie Railroad v. Erie & Western Transportation Co.Supreme Court of the United States · 1907
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3Cited by3 opinions
- Industrial Research Corp. v. General Motors CorporationDistrict Court, N.D. Ohio · 1928
- General Taxicab Ass'n v. O'SheaCourt of Appeals for the D.C. Circuit · 1940
- Amendola v. United StatesDistrict Court, S.D. New York · 1945