Legal Opinion

The D. S. Dumper No. 305

Court of Appeals for the Second Circuit

Decided May 6, 1935No. 403PublishedCited by 7 opinions

1Opinion of the Court

AUGUSTUS N. HAND, Circuit Judge.

About 7 p. m. on the evening of April 13, 1933, the steamship City of Tokio was proceeding down the center of the Bay Ridge Channel, bound for sea. The tug Du Bois was coming up along the west side of the channel, some 200 feet to the westward of the course of the Tokio. When the Du Bois was about three-quarters of a mile below the Tokio, the latter blew a two-blast signal and swung a little to port. This the Du Bois answered by two blasts. The steamship erroneously assumed that the signal was given by the tug Card and swung a little further to port in order to…

2Cases cited2 opinions

  1. Marshall Field & Co. v. United StatesCourt of Appeals for the Second Circuit · 1931
  2. Chester A. Poling, Inc. v. United StatesCourt of Appeals for the Second Circuit · 1932

3Cited by7 opinions

  1. Construction Aggregates Co. v. Long Island R. Co.Court of Appeals for the Second Circuit · 1939
  2. Henry Du Bois Sons Co. v. A/S Ivarans RederiCourt of Appeals for the Second Circuit · 1940
  3. City of New York v. American Export Lines, Inc.Court of Appeals for the Second Circuit · 1942
  4. Oil Transport Co. v. The Lunga PointDistrict Court, E.D. Louisiana · 1959
  5. O/Y Finlayson v. The S.S. AntinousDistrict Court, E.D. Louisiana · 1957

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