Wright & Cobb Lighterage Co. v. Warren, Moore & Co.

Second Circuit

Wright & Cobb Lighterage Co. v. Warren, Moore & Co.

279 F. 749, 1922 U.S. App. LEXIS 1620

CourtCourt of Appeals for the Second Circuit

DecidedJanuary 26, 1922

DocketNo. 162

StatusPublished

This text of 279 F. 749 (Wright & Cobb Lighterage Co. v. Warren, Moore & Co.) 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.

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Wright & Cobb Lighterage Co. v. Warren, Moore & Co., 279 F. 749, 1922 U.S. App. LEXIS 1620 (2d Cir. 1922).

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Opinion

PER CURIAM.

We agree with all the findings of fact made by Learned Hand, District Judge, in the court below.

The case is not one, strictly speaking, of suit against a wharfinger, and it is not necessary to consider the limits or nature of a wharfinger’s liability. It is enough that the boat went where she did at respondent’s invitation, by respondent’s orders, and for respondent’s service, and that respondent knew of the danger which produced injury, and negligently failed to guard against the plainly probable consequences of obedience to its own orders.

Decree affirmed, with interest and costs.

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PER CURIAM.

We agree with all the findings of fact made by Learned Hand, District Judge, in the court below.

The case is not one, strictly speaking, of suit against a wharfinger, and it is not necessary to consider the limits or nature of a wharfinger’s liability. It is enough that the boat went where she did at respondent’s invitation, by respondent’s orders, and for respondent’s service, and that respondent knew of the danger which produced injury, and negligently failed to guard against the plainly probable consequences of obedience to its own orders.

Decree affirmed, with interest and costs.

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279 F. 749, 1922 U.S. App. LEXIS 1620, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wright-cobb-lighterage-co-v-warren-moore-co-ca2-1922.