The Umbria
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Southern District of New York. On appeal by all parties from a decree of the District Court for the Southern District of New York awarding damages in the sum of $17,363.23 to the libelant for injury to his scow sustained by collision with the Umbria-opposite’Bay Ridge, in the Upper Bay of New York, while the scow was in tow of the tug Matthews.
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Appeal from the District Court of the United States for the Southern District of New York. On appeal by all parties from a decree of the District Court for the Southern District of New York awarding damages in the sum of $17,363.23 to the libelant for injury to his scow sustained by collision with the Umbria-opposite’Bay Ridge, in the Upper Bay of New York, while the scow was in tow of the tug Matthews. The District Court held both the tug and steamship at fault and adjudged that one-half of the above amount be recoverable against each vessel. Both appeal. The libelant also appeals, insisting…
1Opinion of the Court
COXE, Circuit Judge.
The Umbria was condemned in the District Court for starboarding when she should have held her course under the starboard .hand rule. She was also held to be in fault for not stopping and reversing sooner. The tug was held to be negligent because, for her own convenience, she stopped in a navigable channel and permitted her tow to drag out astern, thus closing to navigation a considerable portion of the fairway. We think the District Court correctly disposed of the case and will indicate our reasons for holding both vessels in fault.
First, as to the Umbria. The collision…
2Cases cited1 opinion
- Tooker v. Philadelphia & R. Ry. Co.Court of Appeals for the Second Circuit · 1906
3Cited by4 opinions
- The MasonCourt of Appeals for the Second Circuit · 1918
- Cenac Towing Company, Inc. And Alfred Cenac Towing Company, Inc. v. Keystone Shipping Company, Keystone Shipping Company v. Cenac Towing Company, Inc.Court of Appeals for the Fifth Circuit · 1968
- The CoamoCourt of Appeals for the Second Circuit · 1922
- The DomiraCourt of Appeals for the Second Circuit · 1932