Deems v. Albany & Canal Line
U.S. Circuit Court for the District of Southern New York
This was an appeal from a decree of the district court [for the southern district of New York], in favor of the libellants [Charles Deems and others], in a suit in personam, in admiralty.
Read the full summary
This was an appeal from a decree of the district court [for the southern district of New York], in favor of the libellants [Charles Deems and others], in a suit in personam, in admiralty. The respondents, an unincorporated association of persons under the name of “The Albany & Canal Line,” were the owners of a line of steam tow boats, of which the steam-boat Ohio was one, and engaged in the business of towing boats for hire, on the Hudson and East rivers, between Albany and New York. On Sunday, June 11th, 1871, the canal-boat C. M. Deems, with her cargo, consisting of iron, was taken in tow…
1Opinion of the Court
WAITE, Circuit Justice.
In my opinion this, case is governed by that of The Syracuse, 12 Wall. [79 U. S.] 167, in which, under a special contract precisely like the one here presented, it was held, that the towing boat was liable, if, through the negligence of those in charge of her, the tow suffered a loss. It is there said, that, “although the policy of the law has not imposed on the towing boat the obligation resting on a common carrier, it does require, on the part of the persons engaged in her management, the exercise of reasonable care, caution and maritime skill, and, if these are…
2Cited by6 opinions
- The OceanicaCourt of Appeals for the Second Circuit · 1909
- Herald v. Glendale Lodge No. 1289California Court of Appeal · 1920
- Atlantic, Gulf & Pacific Co. v. LuckenbachDistrict Court, E.D. New York · 1903
- Swenson v. Buffalo Barge Towing Corp.District Court, E.D. New York · 1933
- Ball v. WinslowU.S. Circuit Court for the District of Massachusetts · 1883
1 more not listed; retrieve them via the Exa API.