The John H. Starin

Second Circuit

The John H. Starin

196 F. 1006, 115 C.C.A. 671, 1912 U.S. App. LEXIS 1575

CourtCourt of Appeals for the Second Circuit

DecidedJune 14, 1912

DocketNo. 22

StatusPublished

This text of 196 F. 1006 (The John H. Starin) is published on Counsel Stack Legal Research, covering Court of Appeals for the Second Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

The John H. Starin, 196 F. 1006, 115 C.C.A. 671, 1912 U.S. App. LEXIS 1575 (2d Cir. 1912).

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Opinion

PER CURIAM.

The witnesses have been recalled and cross-examined on matters touching which objections to their testifying were sustained in the District Court. Additional testimony has also been taken. The cross-examination has developed nothing of importance. Upon the whole record we cannot see that “privity or knowledge” by the owner is at all made out. Even if a thorough inspection before the accident might have disclosed a condition which called for atténtion, the petitioner is liable only for his personal negligence. He provided a shipyard for the repair of his floating property, and employed competent agents to inspect and maintain it. Their negligence is not his personal negligence. Quinlan v. Pew, 56 Fed. 113, 5 C. C. A. 438; The Tommy, 151 Fed. 570, 81 C. C. A. 50.

The decree is affirmed, with costs.

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PER CURIAM.

The witnesses have been recalled and cross-examined on matters touching which objections to their testifying were sustained in the District Court. Additional testimony has also been taken. The cross-examination has developed nothing of importance. Upon the whole record we cannot see that “privity or knowledge” by the owner is at all made out. Even if a thorough inspection before the accident might have disclosed a condition which called for atténtion, the petitioner is liable only for his personal negligence. He provided a shipyard for the repair of his floating property, and employed competent agents to inspect and maintain it. Their negligence is not his personal negligence. Quinlan v. Pew, 56 Fed. 113, 5 C. C. A. 438; The Tommy, 151 Fed. 570, 81 C. C. A. 50.

The decree is affirmed, with costs.

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Bluebook (online)

196 F. 1006, 115 C.C.A. 671, 1912 U.S. App. LEXIS 1575, Counsel Stack Legal Research, https://law.counselstack.com/opinion/the-john-h-starin-ca2-1912.

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