Smith v. Bouker
Court of Appeals for the Second Circuit
In Admiralty. Appeals from decrees of the circuit court of the Inited States for the southern district of New York, affirming proforma decrees of the district court for said district. The libelants, De Witt C„ Bouker and George A. Bouker, were each the owner of one of two scows lost in the same accident. The cases were heard together in the district court, which sustained the libels., (40 Fed. Rep. 839,) and respondent appealed.
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In Admiralty. Appeals from decrees of the circuit court of the Inited States for the southern district of New York, affirming proforma decrees of the district court for said district. The libelants, De Witt C„ Bouker and George A. Bouker, were each the owner of one of two scows lost in the same accident. The cases were heard together in the district court, which sustained the libels., (40 Fed. Rep. 839,) and respondent appealed. On this appeal the court delivered its opinion in o le suit only, directing the same disposition to be made of the other.
1Opinion of the Court
Wallace, Circuit Judge.
This is an appeal from a decree for the libelant for the value of a scow. Smith chartered the scow of Bouker a; an agreed price per day, to be used in transporting a building from o íe location to another. The transportation necessitated the use of a tug, and Smith engaged Jaycox, with his tug and crew. While the tug vas towing the scow, she ran aground, and before she could be got off, aid the scow taken to a place of safety, a storm arose, and the scow was so injured as to be practically worthless.
We are satisfied that there is no merit in any of the specific…
2Cited by14 opinions
- O'Donnell Transp. Co. v. M. & J. Tracy, Inc.Court of Appeals for the Second Circuit · 1945
- Gannon v. Consolidated Ice Co.Court of Appeals for the Second Circuit · 1899
- Thompson v. WinslowDistrict Court, D. Maine · 1904
- White v. Schoonmaker-Connors Co.Court of Appeals for the Third Circuit · 1920
- Smith v. BoothCourt of Appeals for the Second Circuit · 1903
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