Legal Opinion

Consolidation Coastwise Co. v. Lee Towing Line, Inc.

Court of Appeals for the Second Circuit

Decided January 18, 1922No. Nos. 97, 98PublishedCited by 6 opinions

Appeals from the District Court of the United States for the Southern District of New York. Dibels in admiralty by the Consolidation Coastwise Company against the steam tugs Maren Lee and Herman Lee, the Lee Towing Line, Inc., claimant, and- against the schooner Cora F. Cressy, Samuel R. Percy, claimant, and by Samuel R. Percy against the steam tugs Maren Leé and Herman Lee, the Lee Towing Line, Inc., claimant, and against the steam tug Cumberland and the barge No. 18, the…

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Appeals from the District Court of the United States for the Southern District of New York. Dibels in admiralty by the Consolidation Coastwise Company against the steam tugs Maren Lee and Herman Lee, the Lee Towing Line, Inc., claimant, and- against the schooner Cora F. Cressy, Samuel R. Percy, claimant, and by Samuel R. Percy against the steam tugs Maren Leé and Herman Lee, the Lee Towing Line, Inc., claimant, and against the steam tug Cumberland and the barge No. 18, the Consolidation Coast-wise Company, claimant. From a decree adjudging the tug Herman Lee and the schooner Cora F. Cressy…

1Opinion of the CourtHough, Circuit Judge

(after stating the facts as above). [1] This collision was singularly inexcusable; in investigating accidents of this class, one piece of gross negligence is usually discovered. In commenting on the evidence, an experienced trial judge said that he found the captain of the .Herman Lee “untrustworthy, not only in his report to the local inspectors, which is extremely uncandid, but also in his conflicting stories of the orders given to his tug.” We entirely agree with this estimate of the witness, and find that the main responsibility for *920collision rests on him. We further agree that the Maren…

2Cases cited2 opinions

  1. Homer Ramsdell Transportation Co. v. La Compagnie Générale TransatlantiqueSupreme Court of the United States · 1901
  2. The Wave v. HyerU.S. Circuit Court for the District of Southern New York · 1863

3Cited by6 opinions

  1. People of State of California v. the Jules FribourgDistrict Court, N.D. California · 1956
  2. Pennsylvania Railroad Co. v. the SS BeatriceDistrict Court, S.D. New York · 1958
  3. The HelenCourt of Appeals for the Second Circuit · 1924
  4. Logue Stevedoring Corp. v. The Dalzellance. The Grace A. Dalzell. The Lloyd H. Dalzell. The Joseph AlstonCourt of Appeals for the Second Circuit · 1952
  5. National Distillers Products Corp. v. Boston Tow Boat Co.District Court, D. Massachusetts · 1955

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