Legal Opinion

Tuthill

United States Circuit Court

Decided July 1, 1883PublishedCited by 1 opinion

In Admiralty. This was a suit to recover damages arising from a collision of the barge Harvest with libelants’ vessel, the schooner Minnie Davis, while the barge was being towed by the tug Tuthill. On trial the tug and barge were found to be equally in fault, and a decree rendered accordingly. The cause was referred to Earl Bill, a circuit court commissioner, to take testimony and report to the court the damages of libelants arising from the collision.

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In Admiralty. This was a suit to recover damages arising from a collision of the barge Harvest with libelants’ vessel, the schooner Minnie Davis, while the barge was being towed by the tug Tuthill. On trial the tug and barge were found to be equally in fault, and a decree rendered accordingly. The cause was referred to Earl Bill, a circuit court commissioner, to take testimony and report to the court the damages of libelants arising from the collision. Omitting the formal parts, the commissioner reported as follows: In arriving at the conclusions of this report, from the facts shown in the…

1Opinion of the CourtWelkee, J.

There are 13 exceptions filed by the respondent, owner of the Tuthill, covering all the findings of the commissioner. After full argument on behalf of both parties the exceptions are overruled and the report confirmed, except as to the item of repairs made to the libelants’ vessel as allowed by the commissioner, to-wit, $700, found by him to have been the reasonable value of the repairs; and as to that item the court reduce the amount to the sum of $553.27, the actual expense of the repairs as found by the commissioner. The court holds that, although the rule adopted by the commissioner…

2Cited by1 opinion

  1. The BulgariaDistrict Court, N.D. New York · 1897

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