The Wier v. The Padre

E.D. Pennsylvania

The Wier v. The Padre

29 F. 335, 1886 U.S. Dist. LEXIS 201

DecidedDecember 8, 1886

StatusPublished

This text of 29 F. 335 (The Wier v. The Padre) is published on Counsel Stack Legal Research, covering District Court, E.D. Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

The Wier v. The Padre, 29 F. 335, 1886 U.S. Dist. LEXIS 201 (E.D. Pa. 1886).

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Opinion

Butler, T.

It seems quite clear that the respondent is liable. Conceding that the bark was fastened with sufficient security for fair weather, it certainly was not for the tempestuous weather which prevailed for many hours before the accident. The respondent’s duty required him to see to the fastenings when the storm arose. The post to which the chain was attached was rotten, and insufficient to resist any strain, while the bowline was weak, and easily parted. These fastenings, I think, could scarcely be regarded as secure, even in ordinary weather.

A decree must be entered for the libelant accordingly.

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Butler, T.

It seems quite clear that the respondent is liable. Conceding that the bark was fastened with sufficient security for fair weather, it certainly was not for the tempestuous weather which prevailed for many hours before the accident. The respondent’s duty required him to see to the fastenings when the storm arose. The post to which the chain was attached was rotten, and insufficient to resist any strain, while the bowline was weak, and easily parted. These fastenings, I think, could scarcely be regarded as secure, even in ordinary weather.

A decree must be entered for the libelant accordingly.

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Bluebook (online)

29 F. 335, 1886 U.S. Dist. LEXIS 201, Counsel Stack Legal Research, https://law.counselstack.com/opinion/the-wier-v-the-padre-paed-1886.