The Lady of Gaspe
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Eastern District of New York. Libel by the Chiarello Bros. Co., Inc., against the steamship Lady of Gaspe and two tugs, the John L. Wade and the Marion Olsen. From a decree dismissing the libel as against all vessels, libelant appeals.
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Appeal from the District Court of the United States for the Eastern District of New York. Libel by the Chiarello Bros. Co., Inc., against the steamship Lady of Gaspe and two tugs, the John L. Wade and the Marion Olsen. From a decree dismissing the libel as against all vessels, libelant appeals. Libelant sued for damages to a harbor lighter of ordinary size (02x33) belonging to them, and injured because (according to 1he libel) the anchor of steamship Lady of Gaspe caught the mast stay of the lighter. The accident occurred in Erie Basin; the Gaspe, under her own steam, assisted by two tugs,…
1Opinion of the Court
HOUGH, Circuit Judge.
The claim made on this appeal is that, admitting the lighter did obstruct the entrance to the pier, admitting that she might justly be called an obstruction to lawful navigation, and admitting that she had received warning and orders to move, yet nevertheless she was (1) not an outlaw; and further (2) was not required to move unless those who wanted her out of the way furnished a tug for her convenience.
*902[1] We are not aware of any circumstances under which a vessel for purposes of civil suit'becomes an “outlaw”; it is always necessary for other vessels having to do with…
2Cases cited3 opinions
- The WesternlandDistrict Court, S.D. New York · 1885
- The OverbrookCourt of Appeals for the Second Circuit · 1905
- Price v. The SontagDistrict Court, D. New Jersey · 1889
3Cited by7 opinions
- Utility Service Corporation v. Hillman Transportation Company, Harry Zubik v. Hillman Transportation CompanyCourt of Appeals for the Third Circuit · 1957
- The ChancellorCourt of Appeals for the Second Circuit · 1929
- Flannery v. National Coal & Ice Co., Inc.Court of Appeals for the Second Circuit · 1922
- The Jersey CentralCourt of Appeals for the Second Circuit · 1929
- Baldwin v. New York Cent. R.District Court, E.D. New York · 1949
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