U.S. Court of Appeals for the Second Circuit, 1917

Woodburn v. Sheehy

U.S. Court of Appeals for the Second Circuit · Decided February 6, 1917 · Coxe, Hand, Ward

240 F. 952; 153 C.C.A. 638; 1917 U.S. App. LEXIS 2448

Counsel

Park & Mattison, of New York City (Samuel Park, of New York City, of counsel), for appellant., Foley & Martin, of New York City (William J. Martin and George V. A. McCloskey, both of New York City, of counsel), for appellees.

Cases that cite this one

2 later published cases cite this decision.

Berwind-White Coal-Mining Co. v. Bush Terminal Co. (2d Cir. 1924)
Tucker v. Elwell (District Court, E.D. Pennsylvania 1918)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

AUGUSTUS H. HAND, District Judge

(after stating the facts as above). We think the libelant has not proved that the shoal, which caused the damage, was opposite respondents’ portion of the pier, and consequently no cause of action has been established, and the libel was properly dismissed. Moreover, the fact that the scowman did not place his scow along the Agnes Hickey, as directed by the respondent Sheehy, where she would have been safe, and that he took no pains to get her to a place where there was plenty of water when he found she was bearing against an uneven bottom, shows that the fault of the owner caused the injury.

The decree must be affirmed.

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