McQuilkin v. Delaware River Iron Steamship & Engine Works
McQuilkin v. Delaware River Iron Steamship & Engine Works
Opinion of the Court
The owners of the steam barge Walston complain in this proceeding that, after the barge had tied up with a cargo of sand at the respondent’s wharf on the Delaware river, she was injured by coming in contact with a submerged piling connected with the wharf, which pierced her bottom, and there
What may have injured the barge, or when the damage was done, the testimony does not disclose, and it is not material to inquire further. Perhaps some help might have been afforded if the libelants had called some witness from the yard where the repairs were made. As the cost of restoration was only $32, details of the injury from such a source might have thrown some satisfactory light on the force that produced it; but no such person was called, and the interested witnesses that were examined concerning the appearance of the break in the bottom differ a good deal upon this point, one witness saying, “It was not an open hole; it was a puncture — shoved open;” and two others apparently saying that there was a hole driven through, 7 inches by 12. But I lay no stress on this discrepancy. As already stated, I think the testimony as a whole warrants the conclusion, not only that the libelants have failed to sustain the burden of proving the existence of the obstruction, but that in fact no such obstruction was there.
The libel must be dismissed, with costs.
Reference
- Full Case Name
- McQUILKIN v. DELAWARE RIVER IRON STEAMSHIP & ENGINE WORKS
- Status
- Published