The Ganoga
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Southern District of New York. These are appeals from decrees of the District Court, Southern District of New York, holding the steam tug Ganoga in fault for the loss of the canal boat J. T. Hawkes, which she had in tow. The Hawkes filled and sank while rounding the Battery, the tow being ■bound from Jersey City to places in the East river. The opinion of the District Court is reported in 130 Fed. 399.
1Per curiam
We find it very difficult to dispose of these appeals. Negligence is charged (1) In making up said tow improperly; (2) in starting out in the face of weather conditions apparently endangering the safety of the tow; (3) in keeping on when it was apparent that safety was endangered; (4) in not landing the canal boat as the master requested and prudence required. The District Judge found against the tug on every one of these charges. The evidence, however, is more than usually inconsequential and unpersuasive, and upon the question whether the libelant has sustained the burden of proof the case…
2Cited by2 opinions
- The Black DiamondCourt of Appeals for the Second Circuit · 1921
- In re ThrockmortonCourt of Appeals for the Sixth Circuit · 1906