Legal Opinion

The M. E. Luckenbach

Court of Appeals for the Second Circuit

Decided April 28, 1914No. 250PublishedCited by 15 opinions

Appeal from the District Court of the United States for the Eastern District of New York. This cause comes here on appeal by libelant from a final decree of the District Court, Eastern District of New York, holding the tug M. E. Luckenbach at fault for a collision with the schooner Hugh Kelly at or near the junction of the Main Ship and Swash channels in New York Harbor.

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Appeal from the District Court of the United States for the Eastern District of New York. This cause comes here on appeal by libelant from a final decree of the District Court, Eastern District of New York, holding the tug M. E. Luckenbach at fault for a collision with the schooner Hugh Kelly at or near the junction of the Main Ship and Swash channels in New York Harbor. The court dismissed the libel filed, against the steam tug for negligent towage, and the petition of the claimants of said steam tug bringing in the said schooner under the fifty-ninth admiralty rule (29 Sup. Ct. xlvi), the…

1Per curiam

We have no doubt that the place of stranding is-where the government witnesses locate it. That being so, it seems very plain that the stranding was due to the b.arge’s failure to anchor in time and with sufficient chain. Judge Veeder has very fully and carefully discussed the testimony. We concur with his reasoning and conclusion.

The decree is affirmed, with costs, on his opinion.

2Cited by15 opinions

  1. Porello v. United StatesCourt of Appeals for the Second Circuit · 1946
  2. In Re Pennsylvania R. Co.Court of Appeals for the Second Circuit · 1931
  3. The Robert R.Court of Appeals for the Second Circuit · 1918
  4. The SunnysideCourt of Appeals for the Second Circuit · 1918
  5. The WestchesterCourt of Appeals for the Second Circuit · 1918

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