The James M. Thompson
District Court, S.D. New York
This was an action for damages to the tug-boat Skeer through a collision in Newtown creek in the afternoon of February o, 1880, with the lighter Acme, then in tow of the tug James M. Thompson. The place of collision was at least 200 feet below the bend in the creek, and about 900 feet above its mouth. The creek at this point is shown by the chart and by the testimony to be at least 300 feet wide from bulk-head to bulk-head.
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This was an action for damages to the tug-boat Skeer through a collision in Newtown creek in the afternoon of February o, 1880, with the lighter Acme, then in tow of the tug James M. Thompson. The place of collision was at least 200 feet below the bend in the creek, and about 900 feet above its mouth. The creek at this point is shown by the chart and by the testimony to be at least 300 feet wide from bulk-head to bulk-head. It was lined by vessels lying abreast of each other on both sides, which diminished the space available for navigation from 35 to 60 feet on each side. The Skeer, 100 feet…
1Opinion of the Court
Bbown, D. J.
In navigating a narrow stream, choked with vessels on either hand, active diligence to avoid collisions and the use of all available means, including the giving of prompt signals in case of any apprehended danger, are among the obvious and ordinary duties of navigation. The Scots Greys, 5 Fed. Rep. 309; The Jessie Russell, Id. 639; N. Y. etc. Steamship Co. v. Calderwood, 19 How. 241, 246. When such accidents occur in broad daylight, it is usually through the neglect of these duties by both parties, as I think is plainly shown in this case.
1. I am not entirely satisfied that the…
2Cases cited5 opinions
- New York and Virginia Steamship v. Ezra CalderwoodSupreme Court of the United States · 1857
- The BalticDistrict Court, S.D. New York · 1868
- The Lady FranklinDistrict Court, D. Massachusetts · 1873
- O'Neil v. SearsDistrict Court, D. Massachusetts · 1862
- Buzzard v. The PetrelU.S. Circuit Court for the District of Michigan · 1855
3Cited by1 opinion
- The HudsonDistrict Court, S.D. New York · 1903