Legal Opinion

The Transfer No. 8

Court of Appeals for the Second Circuit

Decided July 18, 1899No. Nos. 151, 152PublishedCited by 7 opinions

Appeal from the District Court of the United States for the Southern District of New York. These causes come here upon appeals from decrees of the district court, Southern district of New York, holding the tugs Transfer No. 8 and R. M. Waterman both in fault for a collision that took place on December 7, 1896, near the mouth of the Harlem river, off Horn’s Hook, at Ninety-Sixth street, by which ilie barge Maine, belonging to the libelant Philadelphia & Reading Railroad…

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Appeal from the District Court of the United States for the Southern District of New York. These causes come here upon appeals from decrees of the district court, Southern district of New York, holding the tugs Transfer No. 8 and R. M. Waterman both in fault for a collision that took place on December 7, 1896, near the mouth of the Harlem river, off Horn’s Hook, at Ninety-Sixth street, by which ilie barge Maine, belonging to the libelant Philadelphia & Reading Railroad Company was damaged and sunk, and the Waterman sustained damages to her propeller, etc. The Maine was the starboard boat of…

1Opinion of the CourtLacombe, Circuit Judge

(after stating the facts as above). The district judge held the Waterman in fault for various acts and omissions, which need not all.be discussed, inasmuch as we arp satisfied that one of them — viz. her failure to give proper signals — was the proximate and sufficient cause of the catastrophe. The conditions of navigation at this part of the river are accurately and clearly set forth by the district judge;

“In going past Blackwell’s Island by the westerly channel, the Harlem river diverges five points to port around that point. The direct channel to 'the Sound, through Hell Gate, diverges…

2Cited by7 opinions

  1. The ChicagoCourt of Appeals for the Second Circuit · 1903
  2. The ArrowCourt of Appeals for the Second Circuit · 1914
  3. Bush Terminal Co. v. Peninsular & Oriental Steam Nav. Co.District Court, S.D. New York · 1921
  4. The Frederick H.District Court, E.D. New York · 1933
  5. The Transfer No. 10Court of Appeals for the Second Circuit · 1906

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