Legal Opinion

Luckenbach v. The Georgia

Court of Appeals for the Fourth Circuit

Decided April 12, 1892PublishedCited by 6 opinions

Appeal from the District Court of the United States for the Eastern District of Virginia. In. Admiralty. Statement by Morris, District Judge: These were cross-libels filed by the owners of the steamer Georgia and the owners of the steam-tug Luckenbach to recover damages resulting from a collision in the harbor of Norfolk about 4 o’clock in the afternoon of May 9, 1891. The Georgia had just left her Norfolk wharf, and was proceeding southerly towards her wharf in Portsmouth.

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Appeal from the District Court of the United States for the Eastern District of Virginia. In. Admiralty. Statement by Morris, District Judge: These were cross-libels filed by the owners of the steamer Georgia and the owners of the steam-tug Luckenbach to recover damages resulting from a collision in the harbor of Norfolk about 4 o’clock in the afternoon of May 9, 1891. The Georgia had just left her Norfolk wharf, and was proceeding southerly towards her wharf in Portsmouth. The steam-tug was coming down the river in a northerly direction. The collision occurred about 210 yards from the wharf,…

1Opinion of the Court

MoRRis, District Judge,

(after dating the fads as above.) The appeal proceeds upon the ground that the district court was in error in finding (1) that the speed of the tug was excessive; (2) in holding that the situation was such that rule 19 (Rev. St. § 4288) was applicable, and the Georgia the privileged vessel, and the duly cast upon the tug to avoid her. The appellants contend that the Georgia was moving as fast or faster than the tug, and so near to the wharves on the Georgia’s port side that the tug could only avoid her by passing on her starboard side; that the tug attempted to do this,…

2Cases cited1 opinion

  1. The FavoritaSupreme Court of the United States · 1874

3Cited by6 opinions

  1. Smith v. Occidental & Oriental Steamship Co.District Court, N.D. California · 1894
  2. The Straits of DoverCourt of Appeals for the Fourth Circuit · 1903
  3. Warner v. BoyerDistrict Court, E.D. Pennsylvania · 1896
  4. Rudolf v. BrownDistrict Court, S.D. New York · 1905
  5. The Georgia v. The LuckenbachDistrict Court, E.D. Virginia · 1891

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