The Julia
District Court, N.D. New York
On Final Hearing. On the afternoon of November 27, 3897, the steam tug Julia was employed to tow the canal boat Helen A. Allen from Watervliet to a point below the upper bridge at Albany. The canal boat was loaded with 8,700 bushels of corn. The tow consisted of six canal boats, three in each tier. The Allen was the last boat on the port side of the tow. On the starboard side were two boats loaded with lumber, the load extending above the water about 11 feet.
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On Final Hearing. On the afternoon of November 27, 3897, the steam tug Julia was employed to tow the canal boat Helen A. Allen from Watervliet to a point below the upper bridge at Albany. The canal boat was loaded with 8,700 bushels of corn. The tow consisted of six canal boats, three in each tier. The Allen was the last boat on the port side of the tow. On the starboard side were two boats loaded with lumber, the load extending above the water about 11 feet. The other boats extended about 4 feet above the water. The wind was from the northwest. The water in the river was high and the current…
1Opinion of the Court
COXE, District Judge.
The task of the Julia was of the simplest character. She undertook to tow the canal boat six miles from Troy to Albany in broad daylight down a wide river and through piers which were 200 feet apart. The canal boat was helpless, being wholly under the control of the tug. That, in such circumstances, the tug swung the canal boat against the bridge abutment would seem to be sufficient to establish her negligence. It is true that the river was unusually high and that a brisk wind was blowing from the northwest, but these were conditions for the tug to deal with, not the…
2Cases cited4 opinions
- The "Atlas."Supreme Court of the United States · 1876
- Union Steamship Co. v. New York & Virginia Steamship Co.Supreme Court of the United States · 1861
- Mason v. The Steam-Tug William MurtaughDistrict Court, S.D. New York · 1880
- The TroyDistrict Court, N.D. New York · 1886
3Cited by3 opinions
- The SeveranceCourt of Appeals for the Fourth Circuit · 1945
- Diamond S. S. Transp. Corp. v. Peoples Savings Bank & Trust Co.Court of Appeals for the Fourth Circuit · 1945
- Stimson Mill Co. v. Moran Co.Court of Appeals for the Ninth Circuit · 1910