Legal Opinion

The Queens County

District Court, E.D. New York

Decided June 15, 1872PublishedCited by 1 opinion

This was a libel, filed by the owners of the steamboat Sylvan Glen, to recover for the damages received by her in a collision with the Queens County, which happened about daybreak on the morning of December 30th, 180Í). The Sylvan Glen was on a trip from Harlem to New York. She came down the east channel, between Blackwell’s Island and Long Island.

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This was a libel, filed by the owners of the steamboat Sylvan Glen, to recover for the damages received by her in a collision with the Queens County, which happened about daybreak on the morning of December 30th, 180Í). The Sylvan Glen was on a trip from Harlem to New York. She came down the east channel, between Blackwell’s Island and Long Island. She alleged that, when she was at the lower end of Blackwell's Island, the Queens County was seen lying in the middle of the river, below and on the starboard hand of the Sylvan Glen, heading down the river; that the Sylvan Glen blew two whistles…

1Opinion of the Court

BENEDICT, District Judge.

This appears to be a clear ease of mutual fault. The Sylvan Glen was in fault, for holding on to her course and speed, after she saw that the Queens County had begun to move in towards her slip. Assuming that the Queens County was wrong in moving across the course of the Sylvan Glen, after being notified by the whistles from the Sylvan Glen of tlie course she intended to take, still that did uot give the Sylvan Glen the right to keep on at full speed, until she was struck, when, by stopping, a collision manifestly impending could have been avoided.

The Queens County…

2Cited by1 opinion

  1. Sewall v. La ChampagneCourt of Appeals for the Second Circuit · 1894

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