Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

THE T. K. BENTLEY

March 12, 1934

THE T. K. BENTLEY; THE STELLA


The opinion of the court was delivered by: MOSCOWITZ

MOSCOWITZ, District Judge.

On the trial the court ordered a decree in favor of the yachts Virginia and Vanities, and against the schooner T. K. Bentley and tug Stella, and reserved for consideration the question of limitation of liability on the part of the T. K. Bentley.

The captain of the T. K. Bentley had gone ashore. Had he been on board it is not likely that the accident would have occurred.

 The captain's absence cannot prevent limitation of liability on the part of the T. K. Bentley. Even though the absence of the master, pilot, or some other competent person constituted negligence on the part of the T. K. Bentley, the absence of the master and the pilot cannot be charged to the privity and knowledge of the owner.

 Settle decree accordingly.

19340312

© 1992-2004 VersusLaw ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.