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BRIGHAM v. CORNELL STEAMBOAT CO.

No. 194.

18 F.2d 92 (1927)

BRIGHAM et al. v. CORNELL STEAMBOAT CO.

Circuit Court of Appeals, Second Circuit.

March 7, 1927.

Attorney(s) appearing for the Case

Robert S. Erskine, Henry P. Elliott, and Kirlin, Woolsey, Campbell, Hickox & Keating, all of New York City, for appellant.

Bigham, Englar & Jones, of New York City (Leonard J. Matteson and Andrew J. McElhinney, both of New York City, of counsel), for appellees.

Before HOUGH, MANTON, and SWAN, Circuit Judges.

HOUGH, Circuit Judge (after stating the facts as above).

To permit recovery by tow from tug in this, the ordinary assertion of tower's liability, the tow must bear the burden of affirmatively showing that the injury received was proximately caused by some act or omission of the tug, inconsistent with that reasonable care and skill impliedly promised when the towage contract concluded. That proof of negligence is often reached by inferences or presumptions from the...

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