Legal Opinion

Empire Engineering Co. v. Reid Wrecking Co.

District Court, W.D. New York

Decided January 25, 1919No. 979Published

In Admiralty. Suit by the Empire Engineering Company against the Reid Wrecking Company. On exceptions to report of commissioner.

1Opinion of the Court

HAZED, District Judge.

The steamer Wissahickon, on June 11," 1913,"collided with the sunken steel dredge Pocantico in Dake Erie, because of the failure of the Reid Wrecking Company, in the possession of which the dredge then was, to use ordinary care to mark the place where she lay in deep water in the path of steamers. The Wissahickon (D. C.) 226 Fed. 345.. In the event of an extraordinary occurrence, or in case of failure to skillfully perform work, by reason of which a bailor sustains loss, the burden ordinarily is no doubt on the bailee to prove that the loss was not caused by his…

2Cases cited7 opinions

  1. The BaltimoreSupreme Court of the United States · 1869
  2. Terry & Tench Co. v. Merritt & Chapman Derrick & Wrecking Co.Court of Appeals for the Second Circuit · 1909
  3. Pearce v. Old Colony Steamboat Co.Court of Appeals for the First Circuit · 1899
  4. Swenson v. Snare & Triest Co.Court of Appeals for the Second Circuit · 1908
  5. Orhanovich v. The Steam-Tug AmericaUnited States Circuit Court · 1880

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