JOHN V. CAIN, LIBELANT-APPELLEE,
v.
BARGE P. R. R. NO. 226, HER ENGINES, ETC.; PENNSYLVANIA RAILROAD COMPANY, CLAIMANT-APPELLANT; BARGE MCALLISTER NO. 8, HER TACKLE, ETC.; MCALLISTER LIGHTERAGE LINE, INC., CLAIMANT-APPELLEE
JOHN V. CAIN, LIBELANT-APPELLEE,
BARGE P. R. R. NO. 226, HER ENGINES, ETC.; PENNSYLVANIA RAILROAD COMPANY, CLAIMANT-APPELLANT; BARGE MCALLISTER NO. 8, HER TACKLE, ETC.; MCALLISTER LIGHTERAGE LINE, INC., CLAIMANT-APPELLEE
15 F.2d 1017
United States Court of Appeals for the Second Circuit (1926)
Negative Treatment
Cited by 2 cases
Opinion of the Court
No act by the No. 226, and no act or omission by her crew, constituted a maritime tort. Therefore no lien existed. We are satisfied that this whole disaster was the result of force majeure; i. e., a sudden storm of magnitude.
Decree reversed, with costs, and cause remanded to the District Court, with directions to dismiss the libel and make such disposition of costs as to it seems good.