Legal Opinion

The Thomas Quigley

Court of Appeals for the Second Circuit

Decided April 19, 1904No. 150PublishedCited by 5 opinions

Appeal from the District Court of the United States for the Southern District of New York. Appeal from a decree of the District Court for the Southern District of New York, in favor of the libelant for $1,773.03 and against the asphalt company and the tug Quigley, one-half of said sum to be paid by each.

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Appeal from the District Court of the United States for the Southern District of New York. Appeal from a decree of the District Court for the Southern District of New York, in favor of the libelant for $1,773.03 and against the asphalt company and the tug Quigley, one-half of said sum to be paid by each. The libel-ant was the owner of the lighter Stamford and filed the libel to recover the damages sustained through the sinking of the Stamford at the asphalt company’s wharf at Newark, N. J., after having been towed there, without a master, by the Quigley. The District Court found that both the…

1Opinion of the Court

COXE, Circuit Judge.

The District Court found the tug liable for towing the lighter on Sunday, from Hunter’s Point, East River, to Newark, N. J., and delivering her, with no care taker on board, to incompetent and ignorant laborers at work on the premises of the asphalt company.

That this was the initial fault to which all the others were attributable can hardly be doubted. If there had been a prudent and skillful master on board the Stamford to see that she was properly breasted out from the bulkhead and that her lines were sufficiently slack to permit her to slide into deep water as the tide…

2Cited by5 opinions

  1. Hirsch Lumber Co. v. C. Ottaviano & Co.Court of Appeals for the Second Circuit · 1927
  2. The BritanniaCourt of Appeals for the Second Circuit · 1918
  3. Goodwin-Gallagher Sand & Gravel Corp. v. Washington Bulkley, Inc.District Court, E.D. New York · 1927
  4. Conway Bros. v. New York Cent. R.Court of Appeals for the Second Circuit · 1933
  5. New York Trap Rock Corp. v. City of New YorkDistrict Court, E.D. New York · 1953

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