The Willie
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Eastern' District of New York. Suit in admiralty by the ¿Etna Insurance Company and Tony Ross against the Borough Development Company, impleaded with the steam tug Willie and the scoW Thomas Connell. Decree against the Borough Development Company alone, and it appeals.
1Opinion
On Petition for Rehearing.
2Per curiam
Where a boat lying motionless at a pier has her bottom torn out of her by a boat alongside, the latter is liable for the injury in rem, unless her claimant shows that it was an inevitable accident. In this case the presumption of negligence arose against the scow Connell exactly as if she had navigated straight into the Ward A, under which circumstances it would be no defense that she was being navigated by a charterer. As the charter was a demise, the charterer might, as between it and the owner of the Connell, be primarily responsible; but the claimant of the…
3Cases cited2 opinions
- Munson S. S. Line v. Miramar S. S. Co.Court of Appeals for the Second Circuit · 1909
- Riedemann v. The GalileoU.S. Circuit Court for the District of Southern New York · 1886