The Transfer No. 17
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Eastern District of New York. Libel by the Lehigh Valley Transportation Company against the steam tug Transfer No. 17, her engines, etc., claimed by the New York, New Haven & Hartford Railroad Company. There was a decree dismissing .the libel,' and libelant appeals.
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Appeal from the District Court of the United States for the Eastern District of New York. Libel by the Lehigh Valley Transportation Company against the steam tug Transfer No. 17, her engines, etc., claimed by the New York, New Haven & Hartford Railroad Company. There was a decree dismissing .the libel,' and libelant appeals. This is an appeal from a decree dismissing a libel of the Lehigh Valley ■Transportation Company, as owner of the tug Geneva, to recover damages sustained by the Geneva as a result of a collision which occurred on July IS, 1913, in-the North River, off the Lehigh Valley…
1Opinion of the CourtRogers, Circuit Judge
(after stating the facts as above).
[1] This collision occurred in daylight, when everything was in plain view, and there was no difficulty in seeing. Daylight collisions do not occur without fault on the part of one, and sometimes of both, vessels. In the present case the District Judge has found that the Geneva was at fault, but that Transfer No. 17 was not at fault, and on that account the libel was dismissed.
This is a case of special circumstances under article 27 of the Inland Regulations (Act June 7, 1897, c. 4, § 1, 30 Stat. 102 [Comp. St. § 7901]), which is found in the margin.1 In the…
2Cases cited2 opinions
- The William A. JamisonCourt of Appeals for the Second Circuit · 1917
- Wolcott v. Union Ferry Co.Court of Appeals for the Second Circuit · 1915
3Cited by5 opinions
- Commonwealth & Dominion Line, Ltd. v. United StatesCourt of Appeals for the Second Circuit · 1927
- The DorsetCourt of Appeals for the Fourth Circuit · 1919
- Great Lakes Dredge & Dock Co. v. The SantiagoCourt of Appeals for the Second Circuit · 1946
- The James A. McKennaCourt of Appeals for the Second Circuit · 1928
- Lehigh Valley Railroad v. Tug Blackjack 21District Court, S.D. New York · 1962