Wolcott v. Union Ferry Co.
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Eastern District of New York. This cause comes here upon appeal from a decree of the District Court, Eastern District of New York, holding respondent’s ferryboat Montauk solely in fault for a collision with the steam lighter Alice. The collision happened' about 9 p. m. March 4, 1913, in the East River opposite the Hamilton Ferry slip on the Manhattan side. The night was dark but clear, the tide first of the ebb.
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Appeal from the District Court of the United States for the Eastern District of New York. This cause comes here upon appeal from a decree of the District Court, Eastern District of New York, holding respondent’s ferryboat Montauk solely in fault for a collision with the steam lighter Alice. The collision happened' about 9 p. m. March 4, 1913, in the East River opposite the Hamilton Ferry slip on the Manhattan side. The night was dark but clear, the tide first of the ebb. The Alice was bound from Staten Island for slip between Piers 5 and 6 East River, Manhattan. The ferryboat was bound out of…
1Opinion of the Court
EACOMBE, Circuit Judge.
The. testimony as to vital points is conflicting and cannot be reconciled. To our minds the weight of testimony indicates that, at the time the Montauk, then 25 feet from the bridge, blew the slip whistle, the Alice was lying directly in front of the mouth of the Hamilton Ferry slip,. about 200 feet out and at right angles to the course of the ferryboat. That the Alice was then substantially at rest and that she was properly at rest there, because while moving to cross the mouths of these several slips she was interrupted by the coming out of. the Thirty-Ninth Street…
2Cited by1 opinion
- The Transfer No. 17Court of Appeals for the Second Circuit · 1918