Walsh v. Brooklyn & N. Y. Ferry Co.
Court of Appeals for the Second Circuit
Appeal from tbe District Court of the United States for the Southern District of New York. This was a libel by William E. Walsh and others, owners of the tugboat Olive Baker, against the steam ferryboat Dakota (the Brooklyn & New York Ferry Company, claimant), to recover damages for a collision. The district court dismissed the libel (60 Fed. 1020), and the claimant appeals.
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Appeal from tbe District Court of the United States for the Southern District of New York. This was a libel by William E. Walsh and others, owners of the tugboat Olive Baker, against the steam ferryboat Dakota (the Brooklyn & New York Ferry Company, claimant), to recover damages for a collision. The district court dismissed the libel (60 Fed. 1020), and the claimant appeals. The opinion of the district court, delivered by BEOWN, District Judge, was as follows: “The ferryboat Dakota, while crossing from her slip at Broadway, Brooklyn, to Grand street, New York, came in collision with the…
1Opinion of the Court
PEE CUEIAM.
Tbe case was tried in tbe district court upon oral testimony wbicb, except as to tbe giving of a signal of one *509whittle by tbe Dakota, is extremely conflicting. It is unnecessary to rehearse the facts as found by the district judge. They are fully set forth in his opinion, and we do not And sufficient in the case to warrant a reversal of such findings. The libelant contends that, even conceding the signals and movements of both vessels to be as found by the district judge, the navigation of the Dakota was faulty in that, having given a signal of one whistle, as she was entitled to…
2Cited by1 opinion
- The BronxCourt of Appeals for the Second Circuit · 1918