The Transfer No. 18
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Southern District of New York. Suit in admiralty by the Lehigh Valley Transportation Company against the steam tug Transfer No. 18, the New York, New Haven & Hartford Railroad Company, claimant. Decree holding two tugs liable for collision between their tows, and libelant appeals.
1Per curiam
The collision happened at night in the North River near the Jersey shore off Communipaw ferry. We concur with the District Judge. Article 18, rule 5, of the inland rules provides that steam vessels, shall give the long blast “bend” or “slip” whistle signal “when (they) are moved from their docks or berths.” Conceding that Transfer No. 18 did give one long whistle, and there is a conflict of testimony as to that, she gave it, not when she moved from her dock, but -some time before she moved. How long that time was it is difficult to determine. Certainly she waited till the tug W. V. R. Smith…
2Cited by1 opinion
- The SamsonCourt of Appeals for the Second Circuit · 1937