The City of Lowell
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Southern District of New York. This cause comes here upon appeal from a decree of the District Court, Southern District of New York holding the City of Dowell solely in fault for a collision with the ferryboat Columbia in the East river off the Wall Street ferry slip a little after 7 a. m. November 4, 1904, in an extremely dense fog.
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Appeal from the District Court of the United States for the Southern District of New York. This cause comes here upon appeal from a decree of the District Court, Southern District of New York holding the City of Dowell solely in fault for a collision with the ferryboat Columbia in the East river off the Wall Street ferry slip a little after 7 a. m. November 4, 1904, in an extremely dense fog. The ferryboat was bound across the river from Brooklyn; the steamer coming down to round the Battery for her pier in the North river. The opinion below is reported in 189 Fed. 901.
1Opinion of the Court
LACOMBE, Circuit Judge.
The presentation of the facts in the opinion of the district judge is most exhaustive, and need not be repeated. We concur with him in the conclusion that the Lowell was in fault. The suggestion of counsel for the appellee that a steamer 322 *594feet long should have anchored at 7 a. m. in a dense fog in the fairway of the East, river near the Brooklyn Bridge does not commend itself. The..distance was not great-from the place below the, Williamsburg Bridge where the' fog closed in to the more open water beyond the river’s mouth, and the bells on successive ferry slips were…
2Cases cited3 opinions
- The Newport NewsCourt of Appeals for the Fourth Circuit · 1900
- Smith v. Occidental & Oriental Steamship Co.District Court, N.D. California · 1894
- The ColumbiaCourt of Appeals for the Second Circuit · 1899
3Cited by7 opinions
- The City of NorfolkCourt of Appeals for the Fourth Circuit · 1920
- The HavenCourt of Appeals for the Second Circuit · 1921
- Adams v. CareyCourt of Appeals of Maryland · 1937
- The MoheganCourt of Appeals for the Second Circuit · 1928
- The PersianCourt of Appeals for the Second Circuit · 1910
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