Coxe Bros. & Co. v. Cunard S. S. Co.

Citations

• 174 F. 166
• 1909 U.S. Dist. LEXIS 88

Syllabus

<p>Municipal Corporations (§ S49*) — Wharves—Liabilities fob Injuries— Shipping.</p> <p>Damage to vessels lying between tlie piers above No. 54, North River. The damage occurred by the breaking of mooring posts on pier 54, when used by the steamship Mauretania in a strong southeast wind and the swinging of the forward part of the steamer to the northward. The pier belonged to the city of New Xork and the posts were erected thereon by it, ’ but as they were of the usual size and strength, it was held that the accident was not due to their insufficiency and that the city was not liable; also held that the accident was not inevitable, but resulted from the use of the pier by the Cunard Company without affording adequate protection to this unusually large steamer by shed or structures on the pier.</p> <p>[Ed. Note. — For other cases, see Municipal 'Corporations, Dec. Dig. § 849.*]</p> <p>(Syllabus by the Judge.)</p>