We fully agree with the findings and rulings of the court below that the dredge company was at fault in that its subordinate agents and servants failed to exercise reasonable care to mark the drillboat after it was sunk, and that the Massachusetts was not at fault in failing to discover the wreck in season to avoid the collision. In the District Court the dredge company was held personally and solely at fault, and damages were assessed at $70,499.65, with costs of $617.92. Under the direction of the court the drillboat was appraised as she lay on the bottom at $13,568, and a stipulation for that amount was filed by the dredge company.
The collision occurred July 5, 1913, at about 8:18 a.m., at which time the drillboat lay submerged in the channel of Boston Harbor on what is known as the Spectacle Island upper ledge.
1355 and involves certain questions that become material only in case the dredge company is held liable for the collision, but is entitled to have its damages limited. 1354 arises out of the subject-matter of the appeal in No. 4 determined, and, if liable, the damages limited.Īppeal No. 8021-8027), to have its liability to the Eastern Steamship Corporation for a collision between the corporation's steamship, the Massachusetts, and the dredge company's drillboat No. 1355 is an appeal from a decree of the District Court for Massachusetts, dismissing the petition of the Great Lakes Dredge & Dock Company, brought under sections 4283-4289 of the Revised Statutes (Comp. Corporation.īefore BINGHAM, JOHNSON, and ANDERSON, Circuit Judges. Dodge, of Boston, Mass., and Benjamin Thompson, of Portland, Me., for Eastern S.S. Kremer, of Chicago, Ill., and Fitz-Henry Smith, Jr., of Boston, Mass., for Great Lakes Dredge & Dock Co.Įdward S.
United States Court of Appeals, First Circuit.Ĭharles E.
0 kommentar(er)
