Galveston Towing Co. v. Cuban S. S. Co.
Court of Appeals for the Fifth Circuit
Appeal from the District Court of the United States for the Southern District of Texas. Suit in admiralty by the Cuban Steamship Company, Limited, owner of the steamship Cayo Domingo, against the Galveston Towing Company and others. Decree for libelant, and respondents appeal.
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Appeal from the District Court of the United States for the Southern District of Texas. Suit in admiralty by the Cuban Steamship Company, Limited, owner of the steamship Cayo Domingo, against the Galveston Towing Company and others. Decree for libelant, and respondents appeal. This is an appeal from a decree of the District Court of the United States for the Southern District of Texas, Galveston Division, for $5,404.62, and interest, awarded to appellee, as owner of the steamship Cayo Domingo, against appellants, as claimants of the steam tug C. H. Moore, and barge Guyton No. 1, as damages…
1Opinion of the CourtPardee, Circuit Judge
(after stating the facts as above). In the case of The Degama, 150 Fed. 323, 80 C. C. A. 93, this court held:
“When a vessel in motion runs into a vessel moored, the rule is that the moving vessel must exonerate herself from blame. The Virginia Ehrman and The Agnese, 97 U. S. 309-315, 24 L. Ed. 890, and cases there cited. In such a ease there is a presumption of fault on the part of the moving ship, and the burden of proof is on her to exonerate herself from liability. The Oregon, 158 U. S. 186, 15 Sup. Ct. 804, 39 L. Ed. 943; The Granite State, 3 Wall. 310, 314, 18 L. Ed. 179; Inland &…
2Cases cited10 opinions
- The OregonSupreme Court of the United States · 1895
- Inland & Seaboard Coasting Co. v. TolsonSupreme Court of the United States · 1891
- The" Virginia Ehrman" and The" Agnese"Supreme Court of the United States · 1878
- The Granite StateSupreme Court of the United States · 1866
- The ManitobaSupreme Court of the United States · 1887
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3Cited by9 opinions
- Pillsbury Co. v. Midland Enterprises, Inc.District Court, E.D. Louisiana · 1989
- Kawasaki Zosensho of Kobe, Japan v. Cosulich Societa Triestina Di Navigazione of Trieste, ItalyCourt of Appeals for the Fifth Circuit · 1926
- Geotechnical Corp. Of Delaware v. Pure Oil CoCourt of Appeals for the Fifth Circuit · 1954
- Brown & Root, Inc. v. American Home Assurance CompanyCourt of Appeals for the Fifth Circuit · 1965
- Managua Nav. Co. v. Aktieselskabet BorgestadCourt of Appeals for the Fifth Circuit · 1925
4 more not listed; retrieve them via the Exa API.