Gulf & M. R. Transp. Co. v. Board of Com'rs of Lafourche Levee Dist.

Fifth Circuit

Gulf & M. R. Transp. Co. v. Board of Com'rs of Lafourche Levee Dist.

175 F. 1020, 1910 U.S. App. LEXIS 4207

CourtCourt of Appeals for the Fifth Circuit

DecidedJanuary 25, 1910

DocketNo. 1,761

StatusPublished

This text of 175 F. 1020 (Gulf & M. R. Transp. Co. v. Board of Com'rs of Lafourche Levee Dist.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Gulf & M. R. Transp. Co. v. Board of Com'rs of Lafourche Levee Dist., 175 F. 1020, 1910 U.S. App. LEXIS 4207 (5th Cir. 1910).

Pincite

Opinion

PER CURIAM.

The verbal charter of the tugboat Mattie M. was a lease, not a demise, and thereunder the owners were responsible for the management and navigation of the tug, The evidence does not satisfactorily show that the master protested against the towing of the bayou barge around and to the head of the crevasse; but, even if he did so protest, when he undertook the said towing he was required to use ordinary skill in handling the barge, and this the master did not do, because, among other things unskillfully done, he tied to and attempted to tow the said barge stern foremost up the river, when that part of the barge was well loaded down, and the bow was not loaded, and had plenty of freeboard. No case was made in the pleadings or evidence entitling the appellant to relief under the Harter act (Act Feb. 13,1893, c. 105, 27 Stat. 445 [U. S. Comp. St. 1901, p. 2946]). The decree of the Circuit Court was correct, and the same is affirmed.

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PER CURIAM.

The verbal charter of the tugboat Mattie M. was a lease, not a demise, and thereunder the owners were responsible for the management and navigation of the tug, The evidence does not satisfactorily show that the master protested against the towing of the bayou barge around and to the head of the crevasse; but, even if he did so protest, when he undertook the said towing he was required to use ordinary skill in handling the barge, and this the master did not do, because, among other things unskillfully done, he tied to and attempted to tow the said barge stern foremost up the river, when that part of the barge was well loaded down, and the bow was not loaded, and had plenty of freeboard. No case was made in the pleadings or evidence entitling the appellant to relief under the Harter act (Act Feb. 13,1893, c. 105, 27 Stat. 445 [U. S. Comp. St. 1901, p. 2946]). The decree of the Circuit Court was correct, and the same is affirmed.

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Bluebook (online)

175 F. 1020, 1910 U.S. App. LEXIS 4207, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gulf-m-r-transp-co-v-board-of-comrs-of-lafourche-levee-dist-ca5-1910.