The Herald
District Court, S.D. New York
This was a libel by Louis Mayer, owner of the canal-boat Late and Early, to recover for the damages sustained by her being sunk on the night of the 1st of August, 1874, in the Hudson river, just below Hudson. The Late and Early was one of twenty-five boats which were being towed up the river by the steamer Connecticut, arranged in five or sis tiers, the Late and Early being the outside boat on the port side of the second tier.
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This was a libel by Louis Mayer, owner of the canal-boat Late and Early, to recover for the damages sustained by her being sunk on the night of the 1st of August, 1874, in the Hudson river, just below Hudson. The Late and Early was one of twenty-five boats which were being towed up the river by the steamer Connecticut, arranged in five or sis tiers, the Late and Early being the outside boat on the port side of the second tier. The steamboat Herald was coming down the river, having two canal-boats on each side, and towing astern an ice-barge called the AtcUc, at the end of two hawsers of about…
1Opinion of the Court
BLATCHFORD, District Judge.
Although the motive power which gave the barge her forward movement was in the Herald, and she was being towed at some distance astern of the Herald, by lines from the stern of the Herald, yet she was being guided by the movement of her own rudder, controlled by the will and discretion of her own captain, who was at the wheel in her pilot house. The barge struck the boat that was in front of the libellant’s boat, and drove the former against the latter, and thus caused the injury complained of. It is plain that the barge took a sheer and went out of her proper…
2Cited by1 opinion
- Somers v. The Ciampa EmiliaDistrict Court, D. New Jersey · 1891