Legal Opinion

The James McCaulley v. The Percy Birdsall

Court of Appeals for the Third Circuit

Decided November 21, 1893No. 14PublishedCited by 5 opinions

Appeal from the District Court of tbe United States for the Eastern District of Pennsylvania. In Admiralty. Libel by Elias Burr, master of the schooner Percy Birdsall, on behalf of her owners, against the ship Invertrossachs, for damage to the schooner by collision with the ship in tow of the steam tug James McCaulley. On petition of the claimant of the ship the tug was made a codefendant.

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Appeal from the District Court of tbe United States for the Eastern District of Pennsylvania. In Admiralty. Libel by Elias Burr, master of the schooner Percy Birdsall, on behalf of her owners, against the ship Invertrossachs, for damage to the schooner by collision with the ship in tow of the steam tug James McCaulley. On petition of the claimant of the ship the tug was made a codefendant. The district court found both the tug and the ship in fault, and a decree against both was rendered in favor of the schooner, and in favor of the ship against the tug for half damages. 55 Eed. 683. The…

1Opinion of the Court

ACHE SON, Circuit Judge.

This is an appeal by the owner of the steam tug James McCaulley from the decree of the district court, in admiralty against the appellant for one-half of the damages awarded to the libelant in a cause of collision. The libel wps filed by the master of the schooner Percy Birdsall, on behalf of her owners, against the British ship Invertrossachs. The claimant of the ship filed a petition in accordance with admiralty rule 59, and brought in as a codefendant in the suit the tug James McCaulley.

*195The facts of the collision are these: Early in (he morning of January 10, 1892,…

2Cited by5 opinions

  1. Pederson v. John D. Spreckles & Bros.Court of Appeals for the Ninth Circuit · 1898
  2. The Henry O. BarrettDistrict Court, E.D. Pennsylvania · 1907
  3. The Albert N. HughesCourt of Appeals for the Third Circuit · 1899
  4. Vecchio v. HansonSupreme Court of Florida · 1933
  5. Pederson v. John D. Spreckels & Bros.District Court, N.D. California · 1897

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