North German Lloyd v. Soule
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Southern District of New York. This case comes here on appeal from a decree of the district court, Southern district of New York, which held the steamship Aller solely responsible for a collision which happened on April 4, 1895, in the harbor of New York between the Aller, outward bound, and the bark Enos Soule, then in tow of the g'cenm tug America.
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Appeal from the District Court of the United States for the Southern District of New York. This case comes here on appeal from a decree of the district court, Southern district of New York, which held the steamship Aller solely responsible for a collision which happened on April 4, 1895, in the harbor of New York between the Aller, outward bound, and the bark Enos Soule, then in tow of the g'cenm tug America. Having sustained serious injury, the Soule libelled both steam vessels. The district court, however, held that no fault of the America was shown, and dismissed the libel as to her. 59…
1Opinion of the Court
LACOMBE, Circuit Judge.
It is hardly necessary to add anything to the discussion of the case by the district judge. Upon such facts in the case as are either conceded, or established beyond question by the proof, and assuming all the disputed facts to be as the Aller contends they were, the decision of the district court should be affirmed. No one pretends that the Soule was in any fault. She had arrived from Hong Kong with an East India cargo on April 2, 1893, and anchored with 45 fathoms of chain at a point about 350 or 400 yards to the southeast of the Statue of Liberty. This point *876is well…
2Cases cited1 opinion
- Greely v. ThompsonSupreme Court of the United States · 1851
3Cited by8 opinions
- The AlabamaDistrict Court, E.D. Virginia · 1902
- Cleary Bros. v. The Dauntless and Two Other Cases. The Cleary No. 48. The Rowen CardCourt of Appeals for the Second Circuit · 1949
- Northern Transportation Co. v. DavisCourt of Appeals for the Second Circuit · 1922
- The Mary P. RiehlDistrict Court, D. Maryland · 1917
- The Merrill C. HartDistrict Court, S.D. New York · 1908
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