Legal Opinion

Depew

Court of Appeals for the Second Circuit

Decided May 17, 1905No. 202PublishedCited by 14 opinions

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 solely in fault for damages sustained by libelant’s canal boat William S. Deyo in consequence of a collision with the barge Sharon, which the Depew was endeavoring to place in the slip on the south side of the pier at the foot of Ninety-First street, East river.

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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 solely in fault for damages sustained by libelant’s canal boat William S. Deyo in consequence of a collision with the barge Sharon, which the Depew was endeavoring to place in the slip on the south side of the pier at the foot of Ninety-First street, East river. The opinion of the District Court is reported in 130 Fed. 59.

1Opinion of the Court

LACOMBE, Circuit Judge.

The Deyo was the fourth or outside vessel moored at the end of the pier at the foot of Ninety-First street. These craft lay parallel to the end of the pier, one outside of the other. None of them projected beyond the lower line of said pier, but all of them came out to said line, and all projected beyond the upper line of the pier. The tug had three barges in tow, two (the Sharon outside) on her starboard side and one on the port. The destination of the Sharon was the lower side of the Ninety-First Street Pier, where she was to unload into another barge already there.…

2Cases cited1 opinion

  1. The Dean RichmondCourt of Appeals for the Second Circuit · 1901

3Cited by14 opinions

  1. The New York Central No. 18Court of Appeals for the Second Circuit · 1919
  2. Wright & Cobb Lighterage Co. v. New England Navigation Co.District Court, S.D. New York · 1911
  3. The AllemaniaCourt of Appeals for the Second Circuit · 1916
  4. Flannery v. National Coal & Ice Co., Inc.Court of Appeals for the Second Circuit · 1922
  5. The Baker Bros.Court of Appeals for the Second Circuit · 1919

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