The Somerville
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Southern District of New York. On appeal from a decree entered January 7, 1907, awarding damages to the libelant, the Pennsylvania Railroad Company, for damages resulting from a collision between the ferryboat Somerville, owned by the Central Railroad Company of New Jersey, and a car float owned by the libelant.
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Appeal from the District Court of the United States for the Southern District of New York. On appeal from a decree entered January 7, 1907, awarding damages to the libelant, the Pennsylvania Railroad Company, for damages resulting from a collision between the ferryboat Somerville, owned by the Central Railroad Company of New Jersey, and a car float owned by the libelant. The collision occurred at 6:30 a. m., May 6, 1906. The car float was moored at the end of Pier L, Hoboken, N. J., being the outside boat of five -which were lying there. Soon after the collision Llie car float sank. The…
1Opinion of the Court
COXE, Circuit Judge.
No negligence can be attributed to the car float. She was lying motionless inside the pierhead line where she had a right to be and where it was customary for floats to lie awaiting their turn at the bridges. At about 6:15 a. m. the Somerville started from her Communipaw Slip, on the New Jersey side, destined for Twenty-Third street on the New York side, a distance of over 3 statute miles. A heavy fog was prevailing at the time making it impossible to see vessels on the river at a greater distance than 300 feet. Some of the witnesses testify that they could not see 25 feet…
2Cases cited1 opinion
- The No. 4Court of Appeals for the Second Circuit · 1908
3Cited by3 opinions
- Baltimore & O. R. v. City of New YorkDistrict Court, S.D. New York · 1912
- The AshleyDistrict Court, E.D. New York · 1913
- The BreifondDistrict Court, S.D. New York · 1926