Schoonmaker Conners Co. v. Lambert Transp. Co.
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Southern District of New York. Suit in admiralty by the Schoonmaker Conners Company, Incorporated, against the Lambert Transportation Company, with the Acme Steamship Corporation, impleaded. Decree for libelant against both respondents, and the Acme Steamship Corporation appeals.
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Appeal from the District Court of the United States for the Southern District of New York. Suit in admiralty by the Schoonmaker Conners Company, Incorporated, against the Lambert Transportation Company, with the Acme Steamship Corporation, impleaded. Decree for libelant against both respondents, and the Acme Steamship Corporation appeals. The libelant and respondent are corporations organized and existing under the laws of the state of New York and having their respective offices in the city of New York. On December 24, 1917, the libelant chartered to respondent its scow, Kaaterskill No. 4,…
1Opinion of the CourtRogers, Circuit Judge
(after stating the facts as above). [1] It appears, and indeed is conceded, that when the Kaaterskill was char*104tered to the Lambert Transportation Company, respondent herein, 'she was in good condition, and that when the boat was returned she was in bad condition. It was therefore incumbent upon the aforesaid respondent to show: (1) How the damage occurred; and (2) that it was not caused through its negligence, or through the negligence of any one to whom the respondent had intrusted the boat. White v. Upper Hudson Stone Co., 248 Fed. 893, 160 C. C. A. 651; Terry & Trench v. Merritt & Chapman…
2Cases cited5 opinions
- White v. Upper Hudson Stone Co.Court of Appeals for the Second Circuit · 1917
- C. F. Harms Co. v. Upper Hudson Stone Co.Court of Appeals for the Second Circuit · 1916
- Terry & Tench Co. v. Merritt & Chapman Derrick & Wrecking Co.Court of Appeals for the Second Circuit · 1909
- Rankin v. City of Big RapidsCourt of Appeals for the Sixth Circuit · 1904
- Worrall v. Davis Coal & Coke Co.Court of Appeals for the Second Circuit · 1903
3Cited by31 opinions
- Alpine Forwarding Co. v. Pennsylvania R. Co.Court of Appeals for the Second Circuit · 1932
- Ira S. Bushey & Sons, Inc. v. W. E. Hedger & Co.Court of Appeals for the Second Circuit · 1930
- Tomkins Cove Stone Co. v. Bleakley Transp. Co.Court of Appeals for the Third Circuit · 1930
- The JuniorCourt of Appeals for the Second Circuit · 1922
- The Moran No. 10District Court, S.D. New York · 1924
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