The Wm. E. Gladwish

Second Circuit

The Wm. E. Gladwish

215 F. 900, 132 C.C.A. 138, 1914 U.S. App. LEXIS 1308

CourtCourt of Appeals for the Second Circuit

DecidedApril 7, 1914

DocketNo. 234

StatusPublished

Cited by2 cases

This text of 215 F. 900 (The Wm. E. Gladwish) 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 Wm. E. Gladwish, 215 F. 900, 132 C.C.A. 138, 1914 U.S. App. LEXIS 1308 (2d Cir. 1914).

Pincite

Opinion

COXE, Circuit Judge.

The Pennsylvania Railroad Company and the Logan Coal Company asserted a cause of action against the steam-tug Gladwish for the loss of a barge and her cargo of coal near Watch Hill, R. I., while in tow of the tug.

The tug denied all liability and also sought to limit her liability. This the District Court permitted her to do and she was surrendered but subsequently gave bonds upon which her owner paid a premium of $90 per year for four years, amounting to $360, and she was released to her owner. The final result of the litigation was a complete exoneration of the Gladwish from blame. The court allowed the Gladwish the full costs of the litigation, but refused to allow the $360 paid by her owner for her release. We think the court was right. The Gladwish, 196 Fed. 491, 116 C. C. A. 185. The limitation. of liability was allowed in the interests of the Gladwish. She alone profited by this proceeding which was ex parte. The owners of the barge and her cargo did not contest the right to limit the liability of the tug. It would’have been entirely satisfactory to them to have placed her in the hands of a trustee. But her owners evidently thought that they should have the use of the tug during the litigation and so, solely for their benefit, she- was released and bonds substituted. The owner has had the use of the tug and probably has made the $360 many times over during the four years of litigation. It does not seem to us that the appellees-should pay the expenses incident to a release which was [901]*901entirely in the interests of the tug owner and by which, presumably, he profited pecuniarily.

This conclusion is in accord with our decision in the W. A. Sherman, 167 Fed 976, 93 C. C. A. 228.

The decree is affirmed.

Free access — add to your briefcase to read the full text and ask questions with AI

COXE, Circuit Judge.

The Pennsylvania Railroad Company and the Logan Coal Company asserted a cause of action against the steam-tug Gladwish for the loss of a barge and her cargo of coal near Watch Hill, R. I., while in tow of the tug.

The tug denied all liability and also sought to limit her liability. This the District Court permitted her to do and she was surrendered but subsequently gave bonds upon which her owner paid a premium of $90 per year for four years, amounting to $360, and she was released to her owner. The final result of the litigation was a complete exoneration of the Gladwish from blame. The court allowed the Gladwish the full costs of the litigation, but refused to allow the $360 paid by her owner for her release. We think the court was right. The Gladwish, 196 Fed. 491, 116 C. C. A. 185. The limitation. of liability was allowed in the interests of the Gladwish. She alone profited by this proceeding which was ex parte. The owners of the barge and her cargo did not contest the right to limit the liability of the tug. It would’have been entirely satisfactory to them to have placed her in the hands of a trustee. But her owners evidently thought that they should have the use of the tug during the litigation and so, solely for their benefit, she- was released and bonds substituted. The owner has had the use of the tug and probably has made the $360 many times over during the four years of litigation. It does not seem to us that the appellees-should pay the expenses incident to a release which was [901]*901entirely in the interests of the tug owner and by which, presumably, he profited pecuniarily.

This conclusion is in accord with our decision in the W. A. Sherman, 167 Fed 976, 93 C. C. A. 228.

The decree is affirmed.

Cite This Page — Counsel Stack

Bluebook (online)

215 F. 900, 132 C.C.A. 138, 1914 U.S. App. LEXIS 1308, Counsel Stack Legal Research, https://law.counselstack.com/opinion/the-wm-e-gladwish-ca2-1914.

Opinion

Related

Cite This Page — Counsel Stack