U.S. Court of Appeals for the Second Circuit, 1931

The Margaret Irving

U.S. Court of Appeals for the Second Circuit · Decided January 5, 1931

47 F.2d 230; 1931 U.S. App. LEXIS 3449 (Federal Reporter, Second Series)

Counsel

Frank C. Mason and William F. Purdy, both of New York City, for appellant., . James Farrell, of Troy, N. Y., for ap-pellees.

Cases that cite this one

7 later published cases cite this decision.

United States v. the Tug Terry E. Buchanan (District Court, S.D. New York 1956)
The Raleigh (District Court, D. Maryland 1943)
Bouchard Transp. Co. v. Conners Marine Co. (2d Cir. 1942)
The Susanna E. Waldie (District Court, E.D. New York 1941)
The Julia C. Davin (2d Cir. 1934)
The Elizabeth M. Miller (District Court, W.D. New York 1932)
Madeira Hill & Co. v. Neville (District Court, E.D. New York 1931)

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

PER CURIAM.

Though this is an appeal in the admiralty, the claimant has filed no assignments of error, and, under Rule 37 (3) of this court, cannot be heard to complain of so much of the decree as found the tug at fault. -

We cannot agree that the barge was chargeable with fault for the make-up of the tow. It has been the universal rule, so far as we know, that, as to this, the tug is master, •and the tow must follow her directions. The *231Quickstep, 9 Wall. 665, 19 L. Ed. 767; Eastern Transportation Line v. Hope, 95 U. S. 297, 24 L. Ed. 477; The Manhattan, 186 F. 329 (C. C. A. 2). See, also, Cranberry Creek Co. v. Red Star Co., 33 F.(2d) 272 (C. C. A. 2). Plainly this must be so, unless a flotilla is to have a divided command, a thing not tolerable upon the water.

Decree reversed, and cause remanded, with instructions to enter a decree for full damages.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.