The Mason
Court of Appeals for the Second Circuit
Appeal from the 'District Court of the United States for the Western District of New York. Suit in admiralty by the Kinsman Transit Company, owner of the steamer Mathew Andrews, against the steam tugs Mason and Cascade; the Hand & Johnson Tow Dine, claimant.
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Appeal from the 'District Court of the United States for the Western District of New York. Suit in admiralty by the Kinsman Transit Company, owner of the steamer Mathew Andrews, against the steam tugs Mason and Cascade; the Hand & Johnson Tow Dine, claimant. From the decree, both parties appeal. libelant's steamboat Mathew Andrews had lain up in Buffalo Harbor during the winter of 1908-09. On March 13, 1909, the tugs above named were employed to remove her from her anchorage to a loading berth. In so doing, within harbor limits and during good weather, they ran her aground, and it required…
1Opinion of the CourtHough, Circuit Judge
(after stating the facts as above). [1] The appeal of claimant presents no question of law. It is asserted, and at once admitted, that the tugs were liable only for the absence of ordinary care and skill. Such absence was found below because, in good weather and harbor waters, the tugs in broad daylight put aground a vessel having at the time no motive power of her own, and completely under the control of the tugs. When-these facts were shown claimant gave no evidence. If negligence is not inferable from, such circumstances, it is difficult to imagine anything that could justify the…
2Cases cited5 opinions
- The" Dove"Supreme Court of the United States · 1876
- The PersianCourt of Appeals for the Second Circuit · 1915
- The Elmer A. KeelerCourt of Appeals for the Second Circuit · 1912
- Hiltetrant v. City of ChesterDistrict Court, S.D. New York · 1888
- The UmbriaCourt of Appeals for the Second Circuit · 1907
3Cited by17 opinions
- The RosaliaCourt of Appeals for the Second Circuit · 1920
- The AnacondaCourt of Appeals for the Fourth Circuit · 1947
- Moran Towing Corporation v. M. A. Gammino Construction Co.Court of Appeals for the First Circuit · 1966
- Navigazione Generale Italiana v. TimminsCourt of Appeals for the Second Circuit · 1922
- Nassau Sand & Gravel Co. v. Red Star Towing & Transportation Co.Court of Appeals for the Second Circuit · 1932
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