Tebo v. Mayor of New York
District Court, S.D. New York
This was a libel in personam by William M. Tebo and others against the mayor, aldermen, and commonalty of the city of New York for salvage of Public Floating Bath No. 13, the property of the city, which, while lying in Gowanus hay for the purpose of being repaired by the Greenpoint Towage & Lighterage Company, on August 21, 1893, parted its moorings in a storm, and was swept adrift into the hay, where it was picked up by libelants’ tug, and moored to an adjacent dock.
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This was a libel in personam by William M. Tebo and others against the mayor, aldermen, and commonalty of the city of New York for salvage of Public Floating Bath No. 13, the property of the city, which, while lying in Gowanus hay for the purpose of being repaired by the Greenpoint Towage & Lighterage Company, on August 21, 1893, parted its moorings in a storm, and was swept adrift into the hay, where it was picked up by libelants’ tug, and moored to an adjacent dock. On petition of respondent, the Greenpoint, Towage & Lighterage Company was brought in as a party. Thereafter libelants filed a…
1Opinion of the Court
BROWN, District Judge.
This bath house, unlike the bath houses built for permanent mooring, was built upon several boats as a substructure; the boats were designed to boat, to uphold, and to transport the Bath, wherever and whenever desired. The design included both navigation and transportation. The bath house was in effect the permanent cargo of the boats. It was not permanently moored, as in Cope v. Dry-Dock Co., 119 U. S. 625, 7 Sup. Ct. 336; but on the contrary was designed for navigation and transportation; and that is why boats were used as the substructure. It is, therefore, within the…
2Cases cited5 opinions
- Cope v. Vallette Dry Dock Co.Supreme Court of the United States · 1887
- Huismann v. The PioneerDistrict Court, E.D. New York · 1886
- The Hezekiah BaldwinDistrict Court, E.D. New York · 1876
- Ceballos v. The AlertDistrict Court, S.D. New York · 1890
- Dibblee v. SheldonU.S. Circuit Court for the District of Connecticut · 1872
3Cited by20 opinions
- McRae v. Bowers Dredging Co.U.S. Circuit Court for the District of Washington · 1898
- The ShowboatDistrict Court, D. Massachusetts · 1930
- Legnos v. M/V Olga JacobCourt of Appeals for the Fifth Circuit · 1974
- The Sea LarkDistrict Court, W.D. Washington · 1926
- Charles Barnes Co. v. One Dredge BoatDistrict Court, E.D. Kentucky · 1909
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