RICE v. MESECK

No. 267.

148 F.2d 522 (1945)

RICE v. The MARION A. C. MESECK et al. THE GEORGE R.

Circuit Court of Appeals, Second Circuit.

March 28, 1945.


Attorney(s) appearing for the Case

Hagen & Eidenbach, of New York City (Charles W. Hagen and Nelson J. Johnson, both of New York City, of counsel), for libellant.

Foley & Martin, of New York City (Christopher E. Heckman, of New York City, of counsel), for appellee.

Before SWAN, CHASE, and FRANK, Circuit Judges.


FRANK, Circuit Judge.

The damage to the tug was the result of forcing the barge into place against the ice. The trial court judge did not find that no one was negligent nor that the scow had contributed to the damage. He exculpated the tug on the theory that the directions and advice given by the steamship company's employees insulated the tug from liability. That theory is untenable. The tug owed the scow the duty "to do the work in a seamanlike manner."

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