The Aurora
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Southern District of New York. Suit in' admiralty for collision by John H. Butler as owner of the barge Jack Butler, against the steamtug Aurora, Lehigh Valley Transportation Company, claimant, and the steamtug Coleraine, Thomas Tracy, claimant. Decree against both tugs, and the claimant of the Aurora appeals.
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Appeal from the District Court of the United States for the Southern District of New York. Suit in' admiralty for collision by John H. Butler as owner of the barge Jack Butler, against the steamtug Aurora, Lehigh Valley Transportation Company, claimant, and the steamtug Coleraine, Thomas Tracy, claimant. Decree against both tugs, and the claimant of the Aurora appeals. On appeal by the Lehigh Valley Transportation Company, claimant of the steamtug Aurora, from a decree of the District Court for the Southern District of New York, holding the said tug, and also the steamtug Coleraine, in fault…
1Opinion of the Court
COXE, Circuit Judge.
We think the decision of the District Court holding the Coleraine, at fault for not keeping out of the way of the Aurora and her tow was clearly right. The preponderance of testimony is to the effect that she was the burdened vessel and it was her duty under the starboard hand rule, article 19 of the act of June 7, 1897, to keep out of the way of the Aurora and, if necessary, to slacken her speed or stop or reverse. The district judge finds that she was the burdened vessel and his decision is supported by the testimony. It was, therefore, the duty of the Aurora, under…
2Cited by3 opinions
- Selig v. BrindleCourt of Appeals for the Ninth Circuit · 1923
- Doe v. Columbia Contract Co.Court of Appeals for the Ninth Circuit · 1918
- Connolly v. AceCourt of Appeals for the Second Circuit · 1947