Legal Opinion

Powell & Minnock Brick Works, Inc. v. Callanan Road Improvement Co.

District Court, S.D. New York

Decided November 1, 1962PublishedCited by 3 opinions

1Opinion of the Court

WEINFELD, District Judge.

Libelant, the owner of the Scow P & M No. 2, seeks to recover damages caused to the scow while she was under charter to the respondent. The charter was the common demise charter which provided that the scow would have a captain furnished by the owner, and that the scow would be returned in the same condition as when received, less ordinary wear and tear.

The scow, which was open deck and of wooden construction, was engaged by the respondent to carry brick cargo. When fully loaded with bricks on deck from rail to rail (790 tons of bricks), it had about fourteen inches…

2Cases cited4 opinions

  1. Dailey v. CarrollCourt of Appeals for the Second Circuit · 1917
  2. Lynch v. Agwilines, Inc.Court of Appeals for the Second Circuit · 1950
  3. Petition of Estelle Rice, Co-Partners, Doing Business Under the Firm Name and Style of Jacob Rice & Sons, as Owners of the Scow Joan R., in a Cause of Limitation of And/or Exoneration From Liability, Estelle Rice, Emily Rice, Mathilde Rice, Helen Rice, Margaret Rice, Frank v. Rice, Edward E. Rice, Estate of William R. Rice, John G. Rice, Maurice J. Rice, Adrian L. Rice, and Delores R. Shader, Co-Partners Doing Business Under the Firm Name and Style of Jacob Rice & Sons, as Owners of the Scow Joan R., Libellant-Appellee v. New York Trap Rock Corporation v. Red Star Towing & Transportation Company and Colonial Sand & Stone Co., Inc., Respondent-Impleaded-AppelleesCourt of Appeals for the Second Circuit · 1961
  4. The Sea KingCourt of Appeals for the Second Circuit · 1928

3Cited by3 opinions

  1. Gulf Oil Corporation v. Tug Gulf ExplorerDistrict Court, E.D. Louisiana · 1971
  2. Tug "Sea Hawk" v. Sococo, Ltd.District Court, S.D. Florida · 1988
  3. Hudson Valley Lightweight Aggregate Corp. v. Windsor Building & Supply Co.District Court, S.D. New York · 1969

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