CRANBERRY CREEK COAL CO. v. RED STAR TOWING & TRANSP. CO.

Nos. 298-302.

33 F.2d 272 (1929)

CRANBERRY CREEK COAL CO. v. RED STAR TOWING & TRANSP. CO., and four other cases.

Circuit Court of Appeals, Second Circuit.

June 10, 1929.


Attorney(s) appearing for the Case

Barry, Wainwright, Thacher & Symmers, of New York City (Earle Farwell, of New York City, of counsel), for the Wessels.

William J. Mahar, of New York City, for the Liberty and the Cranberry Creek Coal Co.

Macklin, Brown, Lenahan & Speer, of New York City (J. Dudley Eggleston, of New York City, of counsel), for the Harry Howard, the Rita Howard, and the Irvington.

Burlingham, Veeder, Fearey, Clark & Hupper, of New York City (Chauncey I. Clark and P. Fearson Shortridge, both of New York City, of counsel), for the tug.

Before L. HAND, SWAN, and AUGUSTUS N. HAND, Circuit Judges.


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

As in collision, so in towing, a vessel does not, of course, become liable for all damage arising from her navigation or unfitness; she is not an insurer, and the injured party must establish some fault through neglect or affirmative misconduct. But there are situations in which the law does not put the duty upon the sufferer to make proof at the outset; either because the facts are especially within the owner...

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