Legal Opinion
The Cape Race
Court of Appeals for the Second Circuit
Decided March 7, 1927No. 174PublishedCited by 19 opinions
1Opinion of the CourtHough, Circuit Judge
(after stating the facts as above). That negligence by the Thetis might be inferred from the unexplained and unexeused parting of her steering cable, may be admitted. The tug’s breakdown was not inevitable accident, within the rule of The Merchant Prince [1892] P. D. 179, as enforced in The Edmund Moran (C. C. A.) 180 P. 700, and The Bayonne (C. C. A.) 213 F. 216. Yet it remains true that the barge in tow received no injury as the result of that inferred negligence until the Woodmancey arrived, and then directly from and by Woodmaneey’s act, or failure to act.
It may be assumed that, had no…
2Cases cited5 opinions
- The BayonneCourt of Appeals for the Second Circuit · 1914
- The SunnysideCourt of Appeals for the Second Circuit · 1918
- The S. C. SchenkCourt of Appeals for the Sixth Circuit · 1907
- The George W. ElzeyCourt of Appeals for the Second Circuit · 1918
- The AllegianceDistrict Court, D. Oregon · 1879
3Cited by19 opinions
- Evanow v. M/V NeptuneCourt of Appeals for the Ninth Circuit · 1998
- The Oil Screw Noah's Ark and Charles E. Graham v. Bentley & Felton Corporation, Owner of the Oil Screw CudjoeCourt of Appeals for the Fifth Circuit · 1961
- Riverway Company v. Trumbull River Services, Inc., Defendant-Third Party Appellee-Cross-Appellant v. Cairo Marine Service, Inc., Third PartyCourt of Appeals for the Third Circuit · 1982
- Basic Boats, Inc. Ex Rel. Lumbermens Mutual Casualty Co. v. United StatesDistrict Court, E.D. Virginia · 1972
- Barlow v. Liberty Maritime Corp.Court of Appeals for the Second Circuit · 2014
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