The B. B. Saunders
District Court, S.D. New York
The above libels were filed to recover $9,500 damages for injuries sustained by the canal-ljoat EL B. Wilbur and cargo, which was in tow of the B. B. Saunders, through a collision with the steam-tug Orient, on the twenty-sixth of September, 1879, in the North river, opposite Harrison street. The Saunders, at about 12 it., had left pier 40, North river, with the Wilbur lashed to her port side to be towed to Newark. The day was clear and the tide slack.
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The above libels were filed to recover $9,500 damages for injuries sustained by the canal-ljoat EL B. Wilbur and cargo, which was in tow of the B. B. Saunders, through a collision with the steam-tug Orient, on the twenty-sixth of September, 1879, in the North river, opposite Harrison street. The Saunders, at about 12 it., had left pier 40, North river, with the Wilbur lashed to her port side to be towed to Newark. The day was clear and the tide slack. About 10 minutes after leaving the slip, when the tug was about a third of the way across the river and heading down stream, the Orient was…
1Opinion of the CourtBrown, J.
The libelants contend that it is a point of great practical importance in this case, and in others similar, that they should not be compelled to call unfriendly witnesses when not absolutely necessary; and they rested their case upon the pleadings, and the slight testimony of two witnesses, as making out a prima facie case-of negligence in the Saunders, at the same time claiming, also, that the Saunders, having taken the tug in tow under a contract to transport her to Newark, should be legally treated as a bailee, bound affirmatively to excuse herself for not having fulfilled her engagement.…
2Cases cited7 opinions
- The PennsylvaniaSupreme Court of the United States · 1874
- The Morning LightSupreme Court of the United States · 1865
- The JohnsonSupreme Court of the United States · 1870
- The St. JohnU.S. Circuit Court for the District of Southern New York · 1870
- McNally v. The Steam-Tug L. P. DaytonU.S. Circuit Court for the District of Southern New York · 1880
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Union S. S. Co. v. Erie & W. Transp. Co.Court of Appeals for the Sixth Circuit · 1898
- The Georgia v. The LuckenbachDistrict Court, E.D. Virginia · 1891
- The WilliamsportDistrict Court, E.D. Pennsylvania · 1909