Tucker v. Kirkham

Citations

• 195 F. 165
• 1912 U.S. Dist. LEXIS 1630

Syllabus

<p>Shipping (§ 54*)—-Injury to Barge in Dock—Liability.</p> <p>A libel in tort by the owner oí a barge against the charterer to recover for an injury to the barge, alleged to have been caused by the negligence of respondent in not having the bottom of his dock whore she discharged in a fit and proper condition and not notifying libelant of the dangers there existing, held not sustained by the evidence, from which it appeared that libelant knew that the barge must lie on the bottom at low water, that the bottom of he dock was smooth and in proper condition, and that the injury was caused by ihe barge being caught at low tide with one side over an jiudredged bank at some distance from the wharf, of which the master had been repeatedly warned.</p> <p>[Ed. Note.—For other cases, see Shipping, Cent. Dig. §§ 219-221; Dec. Dig. § 54.*]</p>