Legal Opinion

The James A. McKenna

Court of Appeals for the Second Circuit

Decided April 9, 1928No. 147PublishedCited by 6 opinions

1Opinion of the CourtL. Hand, Circuit Judge

(after stating the facts as above). [1,2] Of the McKenna’s fault there seems to us no possible doubt. She had not yet left -the pier side when she .first saw the Transfer, and of course her tow had not either. Nothing prevented her from stopping where she was. She had the wind in her face and the tide would carry her hack to the pier; she could have lain where she was. On the other hand, it was plainly dangerous for her to try a turn which, as the event proved, she .could not make. Her defense is that the Transfer should have ported and given her more room, apparently on the notion that this…

2Cases cited2 opinions

  1. The William A. JamisonCourt of Appeals for the Second Circuit · 1917
  2. The Transfer No. 17Court of Appeals for the Second Circuit · 1918

3Cited by6 opinions

  1. United Motors Service, Inc. v. Tropic-Aire, Inc.Court of Appeals for the Eighth Circuit · 1932
  2. Great Lakes Dredge & Dock Co. v. The SantiagoCourt of Appeals for the Second Circuit · 1946
  3. Port Line, Limited v. United States. United States v. Port Line, LimitedCourt of Appeals for the Second Circuit · 1950
  4. (PC) Dunbar v. California Corrections DepartmentDistrict Court, E.D. California · 2019
  5. Oil Transfer Corp. v. The CreeDistrict Court, S.D. New York · 1954

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