Legal Opinion

The Atlas

District Court, E.D. New York

Decided February 15, 1870PublishedCited by 4 opinions

This was an action brought by the insurers of the cargo of the canal boat A. E. Hurd, to recover of the steamboat “Atlas,” [In admiralty.

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This was an action brought by the insurers of the cargo of the canal boat A. E. Hurd, to recover of the steamboat “Atlas,” [In admiralty. Libel in rem by the Phoenix Insurance Company, insurers of the cargo of the canal boat A. E. Hurd, against the steamboat Atlas, her engineer, etc., (the Camden & Amboy Railroad & Transportation Company, claimants,) to recover] the amount of the damage caused to such cargo by the sinking of the canal boat, in a collision which took place in the Kills on the morning of March 18, 1868, between the steamboat Atlas and the steam-tug Kate which was then towing…

1Opinion of the Court

BENEDICT, District Judge.

As to some of the facts attending this collision there is no dispute. Others are in doubt and are to be gathered from a mass of contradictory and unsatisfactory testimony. It appears that the Kate, a small tug 52 feet long, left the dock at New Brighton on the day in question at about 3 a. m., having three vessels in tow' upon a hawser, of which the canal boat, A. E. Hurd, was the starboard vessel. The wind was light and the night somewhat dark, but «without fog. After getting clear of the dock, at New Brighton, the Kate according to the statement of the libel took a…

2Cases cited1 opinion

  1. Commander-In-ChiefSupreme Court of the United States · 1864

3Cited by4 opinions

  1. The " Alabama " & the " Game-Cock."Supreme Court of the United States · 1876
  2. The HudsonDistrict Court, S.D. New York · 1883
  3. The New YorkDistrict Court, E.D. Michigan · 1891
  4. The AtlasU.S. Circuit Court for the District of Eastern New York · 1873

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