Cain v. Barge P. R. R. No. 226
U.S. Court of Appeals for the Second Circuit
Cain v. Barge P. R. R. No. 226, 15 F.2d 1017 (2d Cir. 1926)
1926 U.S. App. LEXIS 3114; 1927 A.M.C. 208
Cueiam
Cain v. Barge P. R. R. No. 226
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.
Reference
- Full Case Name
- 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
- Status
- Published