White v. Upper Hudson Stone Co.
Court of Appeals for the Second Circuit
Appeals from the District Court of'the United States for the Eastern District of New York. Suits in admiralty by Joseph Leslie White and William D. Quick against the Upper Hudson Stone Company, with Walter H. Gahagan, and the gasoline motorboat Ono, Louis R. Bick, trustee in bankruptcy, claimant, impleaded, and by the Bay Dredging & Contracting Company, by Louis R. Bick, its trustee in bankruptcy, against the Upper Hudson Stone Company and Walter H. Gahagan.
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Appeals from the District Court of'the United States for the Eastern District of New York. Suits in admiralty by Joseph Leslie White and William D. Quick against the Upper Hudson Stone Company, with Walter H. Gahagan, and the gasoline motorboat Ono, Louis R. Bick, trustee in bankruptcy, claimant, impleaded, and by the Bay Dredging & Contracting Company, by Louis R. Bick, its trustee in bankruptcy, against the Upper Hudson Stone Company and Walter H. Gahagan. Decree for respondents in first suit, and libelants appeal. Reversed as to respondents the Upper Hudson Stone Company and the Ono, and…
1Opinion of the CourtHough, Circuit Judge
(after stating the facts as above). [1] Since the relation between Bleakley, the scow owner, and the Upper Hudson Company, as charterer, was exactly that so recently restated by this court in Hastorf v. F. R. Long, etc., Co., 239 Fed. 852, 152 C. C. A. 638, the charterer was prima facie responsible for any failure to return the boat in good order reasonable wear excepted. The obligation was that of a bailee, and liability was not discharged by showing that the vessel had been intrusted to the care of another, and injured either by that other’s negligence or while in such other’s charge.…
2Cases cited5 opinions
- Hagan v. Scottish InsuranceSupreme Court of the United States · 1902
- Hastorf v. F. R. Long-W. G. Broadhurst Co.Court of Appeals for the Second Circuit · 1917
- Gannon v. Consolidated Ice Co.Court of Appeals for the Second Circuit · 1899
- The Eli B. ConineCourt of Appeals for the Second Circuit · 1916
- Celluloid Manuf'g Co. v. ChandlerU.S. Circuit Court for the District of Massachusetts · 1886
3Cited by29 opinions
- Tomkins Cove Stone Co. v. Bleakley Transp. Co.Court of Appeals for the Third Circuit · 1930
- Schoonmaker Conners Co. v. Lambert Transp. Co.Court of Appeals for the Second Circuit · 1920
- O'Donnell Transp. Co. v. M. & J. Tracy, Inc.Court of Appeals for the Second Circuit · 1945
- Howard v. Dobbins-Trinity Coal Co.Court of Appeals for the Second Circuit · 1940
- The Moran No. 10District Court, S.D. New York · 1924
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