The President Lincoln

Citations

• 197 F. 155
• 116 C.C.A. 592
• 1912 U.S. App. LEXIS 1278

Syllabus

<p>Shipping (§ 86*) — Injury to Coaling Baegiu — Nbgligenck.</p> <p>Libelant had a contract for supplying coal to claimants’ steamships, which was done from barges alongside, unloaded by a second company, respondent, employed by claimant, by means of electric elevators, having an iron case, and about 35 feet long. If the foot of an elevator had reached the bottom of a barge when the work ceased at night, it was left standing upright, where it was held by guy ropes. One night when so left one of the elevators fell, sinking the barge. There was no direct evidence as to how the accident occurred, but the elevator was fastened in the usual manner which had been followed for five or six years with safety. Meld, that respondents could only be held liable for the loss of the barge on the ground of negligence, and that the evidence did not show such negligence on the part of either.</p> <p>[Ed. Note. — For other cases, see Shipping, Cent. Dig. §§ 343, 353-360; Dee. Dig. § 86.*]</p>