RICE
v.
THE MARION A. C. MESECK ET AL. THE GEORGE R.

2d Cir. | 1945-03-28
No. 267
Before SWAN, CHASE, and FRANK, Circuit Judges.
148 F.2d 522 United States Court of Appeals for the Second Circuit (1945) Positive Treatment
Cited by 4 cases


Opinion of the Court
FRANK, Circuit Judge.

The Golden Rule, 1925, A.M.C. 297, 298.

There the tug left the barge, undamaged, at a place designated by the company which employed the tug, and the court held that the tug’s duty then ended. The court said, “It was of course obligatory on the tug to do the work in a scamanlike manner, hut sho was not chargeable as is a vessel contracting for towage, in respect of propriety in starting out. and safety at the point of mooring and leaving.” It should be noted that the court held, on the facts, that there was no negligence in the place of mooring the barge.

Quinn v. Southgate Nelson Corp., 2 Cir., 121 F. 2d 190, 191, certiorari denied 314 U.S. 682, 62 S.Ct. 185, 86 L.Ed. 546. See also Brady v. Roosevelt S. S. Co., 317 U.S. 575, 581, 63 S.Ct. 425, 87 L.Ed. 471.

Cf. The Procida, D.C., 243 F. 251, 253; The Edward G. Murray, 2 Cir., 278 F. 895, 897.


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