New York, C. & A. Steam-Boat Co. v. The Baltimore
District Court, S.D. New York
In Admiralty. Libel for damages on appeal from district couit, 34 Fed. Rep. 660. Collision between the steamer Catskill and the ferry-boat Baltimore, the latter having the right, of way. The district court divided the damages. 34 Fed. Rep. 660. The ferry-boat appealed. No new testimony was taken in the circuit court. Railroad Co. v. The Isaac I. Fisher, 29 Fed. Rep. 644; The Atiranta, Id. 123; The Fred W. Chase, 31 Fed.
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In Admiralty. Libel for damages on appeal from district couit, 34 Fed. Rep. 660. Collision between the steamer Catskill and the ferry-boat Baltimore, the latter having the right, of way. The district court divided the damages. 34 Fed. Rep. 660. The ferry-boat appealed. No new testimony was taken in the circuit court. Railroad Co. v. The Isaac I. Fisher, 29 Fed. Rep. 644; The Atiranta, Id. 123; The Fred W. Chase, 31 Fed. Rep. 91; Murphy v. The Greenpoint, Id. 231; The Columbia, 29 Fed. Rep. 719; The Beryl, L. R. 9 Prob. Div. 137; The Voorwarts, L. R. 6 App. Oas. 876; Wells v. Armstrong, 29…
1Opinion of the CourtLacombe, J.
That the Catskill was in fault is not disputed, and she has not appealed. The Baltimore was found by the district judge to be in fault for not sooner reversing. Whether this fault is properly chargeable to her is, in this case, a question of fact rather than law. Her navigator insists that he stopped and reversed as soon as the Catskill manifested an intention to cross his bows, — an intention first disclosed to him,' as he claims, by a sheer in towards the New York shore. The witnesses for the Catskill, however, insist that she laid her course direct for her berth at the Jay-Street pier,…
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