Legal Opinion

The Transfer No. 8

District Court, S.D. New York

Decided April 14, 1898PublishedCited by 3 opinions

These were libels in rem brought, respectively, by the Philadelphia <& Reading Railway Company and the Thames Towboat Company against the steam tug Transfer No. 8.

1Opinion of the Court

BROWN, District Judge.

Under the usual order of reference upon an interlocutory decree for damages in a case of collision, it is open to the defendant to show that any part of the damages claimed resulted through negligence or inattention subsequent to the collision; since damages caused by such subsequent negligence are not the proximate results of the collision itself. In behalf of Transfer No. 8 in the present case, it is contended that the total loss of the barge Maine and her cargo lay sinking in deep water at Port Morris, two miles from the place of collision, is not the proximate result…

2Cited by3 opinions

  1. Southport Transit Company v. Avondale Marine Ways, Inc.Court of Appeals for the Fifth Circuit · 1956
  2. The J. G. RoseCourt of Appeals for the Second Circuit · 1925
  3. The Robert H. CookDistrict Court, N.D. New York · 1913

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