The Minneapolis
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Southern District of New York.
1Per curiam
There has been a complete failure to establish any of the faults specifically averred in the libel, and we concur with the District Judge in the conclusion that the cause is within the rule laid down in The Etruria (D. C.) 88 Fed. 555. The Austria was not in fault for shifting from the side to the end of Pier 37; she was there for a legitimate purpose, viz., to discharge the stone needed for an extension of that pier. But we are satisfied that the weight of evidence shows that, at a time early enough to avoid all risk, those who had the berthing of the Minneapolis in charge urged the captain…
2Cases cited1 opinion
- The EtruriaDistrict Court, S.D. New York · 1898