The E. L. Levy
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 tug E. D. Eevy liable for damages to the barge Stunner, which she had in tdw and which collided with a sunken wreck in the Hudson river near Dow’s Point just below Albany. The facts are rehearsed in the opinion of the district judge, reported in 108 Eed. 435.
1Per curiam
We think the tug was rightly held in fault. Her navigators knew of the existence of the two sunken wrecks the Mac-donald and the Sheffield, and knew their location, in mid-channel. Plowever much the light may have faded by 10 minutes of 8 on the evening of May 19th, there was certainly enough left to disclose the presence of a buoy some little distance off. The tug was not in fault for starting when she did, nor is she chargeable because on that evening the wreck buoys were unlighted. Her navigators were entitled to assume that the lights would be there, until they found them extinguished.…
2Cited by1 opinion
- McWilliams Bros. v. Pennsylvania R.District Court, S.D. New York · 1919