The Bern
Court of Appeals for the Second Circuit
Appeals from the District Court of the United States for the Southern District of New York. Suits in admiralty by Bernard McLain and by the W. C. Mason Company against the steam tug Bern; the Philadelphia & Reading Railway Company, claimant. Decrees for libelants, and respondent appeals.
Read the full summary
Appeals from the District Court of the United States for the Southern District of New York. Suits in admiralty by Bernard McLain and by the W. C. Mason Company against the steam tug Bern; the Philadelphia & Reading Railway Company, claimant. Decrees for libelants, and respondent appeals. The following is the opinion of the District Court by Hough, District Judge: Admittedly the Bern took libelant’s barge through heavy ice, and, since it was broad daylight, it was well known that the towage was to be of this nature. This statement about heavy ice is taken from the Bern’s report to the local…
1Opinion of the Court
PER- CURIAM.
Judge Hough has sufficiently discussed the evidence in the case and we concur with his findings and conclusion. The case of Monk v. Cornell Steamboat Co., 198 Fed. 472, 117 C. C. A. 232, which has been referred to in argument, treats of the duty of tug and tow when the situation as to ice is fully understood before starting. We do not think the tug in this case was at fault in starting from the stakeboat with the scow alongside. However, when she got over towards the New York shore, she found heavy ice and should then, if she decided to go on, have dropped the scow astern.
The…
2Cases cited1 opinion
- Monk v. Cornell Steamboat Co.Court of Appeals for the Second Circuit · 1912
3Cited by5 opinions
- The BearDistrict Court, E.D. New York · 1925
- BlackDistrict Court, S.D. New York · 1930
- North River Barge Line v. Chile Steamship Co.District Court, E.D. New York · 1953
- Conners-Standard Marine Corp. v. Oil Transfer Corp.District Court, E.D. New York · 1953
- The J. R. BaldwinDistrict Court, E.D. New York · 1934