The Flowergate
| Decision Date | 07 April 1887 |
| Citation | 31 F. 762 |
| Parties | THE FLOWERGATE. v. THE FLOWERGATE. SLOAN |
| Court | U.S. District Court — Eastern District of New York |
James Troy and John J. Allen, for libelant.
E. B. Convers, for claimant.
The evidence is not sufficient to justify finding as a fact that the condition of the eye-bolt, when it was put to use at the time the plaintiff was injured through its giving way, was such as to inform anyone of the fact that the bolt was already partly broken off. The eye was counter-sunk in the deck, and the old break was below the upper surface of the deck. This location rendered the defect in truth latent. The use of an eye-bolt, apparently sufficient, but in reality insufficient solely because of a latent defect, entails no liability for damages caused by such defect.
The libel must be dismissed, with costs.
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Mitchell v. Trawler Racer, Inc, 176
...Fed.Cas. page 310, No. 5,970; The Noddleburn, D.C., 28 F. 855; The Neptuno, D.C., 30 F. 925; The Lizzie Frank, D.C., 31 F. 477; The Flowergate, D.C., 31 F. 762; The A. Heaton, C.C., 43 F. 592; The Julia Fowler, D.C., 49 F. 277; The Concord, D.C., 58 F. 913; The France, 2 Cir., 59 F. 479; Th......
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