47 F.2d 230 - The Margaret Irving — 47 F.2d 230

How this case has been cited

Cited by 6 later decisions — most recently February 1956

2 federal appellate · 2 district ·

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

¶1Frank C. Mason and William F. Purdy, both of New York City, for appellant.

¶2. James Farrell, of Troy, N. Y., for ap-pellees.

¶3Before L. HAND, SWAN, and AUGUSTUS N. HAND, Circuit Judges.

¶4PER CURIAM.

¶5Though this is an appeal in the admiralty, the claimant has filed no assignments of error, and, under Rule 37 (3) of this court, cannot be heard to complain of so much of the decree as found the tug at fault. -

¶6We cannot agree that the barge was chargeable with fault for the make-up of the tow. It has been the universal rule, so far as we know, that, as to this, the tug is master, •and the tow must follow her directions. The *231 Quickstep, 9 Wall. 665, 19 L. Ed. 767; Eastern Transportation Line v. Hope, 95 U. S. 297, 24 L. Ed. 477; The Manhattan, 186 F. 329 (C. C. A. 2). See, also, Cranberry Creek Co. v. Red Star Co., 33 F.(2d) 272 (C. C. A. 2). Plainly this must be so, unless a flotilla is to have a divided command, a thing not tolerable upon the water.

¶7Decree reversed, and cause remanded, with instructions to enter a decree for full damages.