The Britannia
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Southern District of New York. Libel by the Arthur Ackerman lighterage Company against the steam tug Britannia, her engines, etc.; Edward M. Timmins, claimant. Decree for libelant, and the claimant appeals. The tug took the barge Sea Beach to a slip at the Bush Docks, and there left her.
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Appeal from the District Court of the United States for the Southern District of New York. Libel by the Arthur Ackerman lighterage Company against the steam tug Britannia, her engines, etc.; Edward M. Timmins, claimant. Decree for libelant, and the claimant appeals. The tug took the barge Sea Beach to a slip at the Bush Docks, and there left her. The weather at the time was fair, the slip very crowded, and, as the Sea Beach had no one on board, the crew of the Britannia made her fast alongside libelant’s barge Paulina in such a manner that (as alleged in libel) when the wind rose during the…
1Opinion of the Court
HOUGH, Circuit Judge.
[TJ It is urged that The Thos. Quigley, 130 Fed. 336, 64 C. C. A. 582, supports the holding below. If the owner of the Sea Beach were complaining of an injury traceable wholly or partly to the absence of the accustomed scow captain, the decision would apply. Here it makes no difference whether the crew *584of scow or tug arranged the fasts; the duty of adjusting them in a seamanlike manner was the same, and fell upon whoever performed the work — in this instance, the Britannia.
The fault alleged is that, instead of laying the Sea Beach smoothly or evenly alongside the Paulina,…
2Cases cited1 opinion
- The Thomas QuigleyCourt of Appeals for the Second Circuit · 1904
3Cited by8 opinions
- In Re Pennsylvania R. Co.Court of Appeals for the Second Circuit · 1931
- The Anna O'BoyleCourt of Appeals for the Second Circuit · 1941
- The May McGuirlCourt of Appeals for the Second Circuit · 1919
- King v. Red Star Towing & Transportation Co.District Court, E.D. New York · 1931
- Fulton Lighterage Co. v. New York & Cuba Mail S. S. Co.Court of Appeals for the Second Circuit · 1936
3 more not listed; retrieve them via the Exa API.