The E. A. Packer
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Southern District of New York. Suit in admiralty by Alfred A. Hunt, as owner of the canal boat Ruberta, against the steam tug E. A. Packer; the Goodwin Sand & Gravel Company, claimant. Decree for libelant, and claimant appeals.
1Per curiam
The burden of proof is upon the libelant to show that the injuries to the Ruberta were caused by some act or neglect of the Packer. This burden the libelant attempts to sustain by showing that the Ruberta was a" new vessel; that the Packer towed a scow into collision with the outside vessel, the Peach; that the day before this took place the Ruberta was uninjured; and that the morning after she was found in an injured condition. There is also testimony to warrant the finding that the Packer brought the scow into such violent collision with the Peach that men on the different boats were…
2Cited by1 opinion
- Fulton Lighterage Co. v. New York & Cuba Mail S. S. Co.Court of Appeals for the Second Circuit · 1936