Legal Opinion

The C. H. Northam

U.S. Circuit Court for the District of Eastern New York

Decided February 9, 1875PublishedCited by 2 opinions

This was an appeal from a decree of the district court [for the eastern district of New Tork], in admiralty, in a case of collision. The opinion of the district court — Benedict, J. — was as follows: [See Case No. 2,6S9J 3

1Opinion of the Court

WOODRUFF, Circuit Judge.

I am of opinion that the evidence in this case shows very clearly the want of proper care on the part of those controlling the navigation of the C. H. Northam, and that the tug and her tow were without fault. The steamboat was, of course, at liberty, to pass the tow. If she would pass at the speed she had maintained to the time when she created the swell that *646caused tlie injury, slie should have passed at a greater distance. If the width of the channel was such that she could not pass at a greater distance, she should have reduced her speed in due season to prevent so…

2Cited by2 opinions

  1. The Rhode IslandDistrict Court, S.D. New York · 1885
  2. Andus v. The Steamboat SaratogaDistrict Court, S.D. New York · 1880

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