New York Central R. Co. v. The Talisman, 288 U.S. 239 (1933)

CERTIORARI TO THE CIRCUIT COURT OF APPEALS

FOR THE SECOND CIRCUIT

Syllabus

1. At a waterfront terminal maintained by an interstate rail carrier for freight interchanges, the carrier is bound by § 3(3) of the Interstate Commerce Act to afford reasonable and proper facilities to other carriers for that purpose, and, when towing carfloats, must exercise reasonable care to avoid damage by collision to carfloats of another carrier engaged in receiving and delivering traffic. P. 241.

2. This duty of reasonable care being one imposed by law in respect of a service such as common carriers are bound to render in the public interest, the carrier owing it cannot escape it by notifying other carriers that it will not be responsible for future damage to their floating equipment while lying at its terminal, whether caused by negligence or otherwise. P. 242.

3. A carrier receiving such a notice need not answer, and its silence will not imply a contract. P. 243.

4. Facilities furnished at a water terminal merely for interchange of traffic from tracks to carfloats and vice versa held not "terminal facilities" within the meaning of § 3(4) of the Interstate Commerce Act. P. 242.

57 F.2d 144 reversed.

Certiorari, 287 U.S. 587, to review the reversal of a decree in admiralty holding a tug liable for damage to a carfloat by collision.