The Harry Hudson Smith
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Eastern District of New York, in Admiralty. Appeals from a decree limiting the liability of the Excelsior Coal Company, owners of the barge Harry Hudson Smith, but holding the company liable for $4,925.60, the appraised value of the barge.
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Appeal from the District Court of the United States for the Eastern District of New York, in Admiralty. Appeals from a decree limiting the liability of the Excelsior Coal Company, owners of the barge Harry Hudson Smith, but holding the company liable for $4,925.60, the appraised value of the barge. The proceeding was instituted by the company for the purpose of determining whether it was liable for damages arising from the breaking of a bulkhead in the said barge while being discharged at Belle Dock, New Haven, Conn., on May 22, 1903, and in the event that the court should find the petitioner…
1Opinion of the CourtCoxe, Circuit Judge
(after stating the facts). The statute provides that the owner of a vessel may limit his liability provided the damage was occasioned “without the privity, or knowledge of such owner.” Rev. St. § 4283 [U. S. Comp. St. 1901, p. 2943]. The District Court held that the bulkhead was improperly constructed to. stand the strain occasioned by the negligent method of unloading adopted by the master of the barge on the occasion in question. The court found the owner liable for this fault, but held that, having purchased the barge from a responsible and highly competent builder and having made an…
2Cited by6 opinions
- Boston Marine Ins. v. Metropolitan Redwood Lumber Co.Court of Appeals for the Ninth Circuit · 1912
- DePinto v. O'Donnell Transportation Co.New York Supreme Court · 1943
- Kirby v. Swedish Motor Vessel DalhemDistrict Court, D. Massachusetts · 1941
- Petition of Skibs A/s Jolund, as Owner of the M.S. Black Gull for Exoneration From or Limitation of Liability, American Smelting & Refining Company, Cargo Claimants-AppellantsCourt of Appeals for the Second Circuit · 1962
- In re Skibs A/S JolundCourt of Appeals for the Second Circuit · 1962
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