Phenix Ins. v. The Quaker City
U.S. Circuit Court for the District of Southern New York
In Admiralty. Libel for damages. On appeal from district court. The Phenix Insurance Company of Brooklyn libeled the steam-tugs I. K. Wilbur and Quaker City for a collision in which the canal-boat H. M. Burruss, towed by the former, was sunk at the loss of libelant.
Read the full summary
In Admiralty. Libel for damages. On appeal from district court. The Phenix Insurance Company of Brooklyn libeled the steam-tugs I. K. Wilbur and Quaker City for a collision in which the canal-boat H. M. Burruss, towed by the former, was sunk at the loss of libelant. The opinion of the district court is as follows: “Brown, J. In the afternoon of November 5, 1885, the steam-tug I. E. Wilbur, with two loaded canal-boats lashed on her port side, left the stakes at Jersey City, about opposite pier 1, North river, bound for Adams street, Brooklyn. In the strong ebb-tide she crossed the North river,…
1Opinion of the CourtTjAoombe, J.
"No new proofs were taken in this court. The district judge held the Quaker City in fault because, seeking to take advantage of the slack water by hugging the shore while and after rounding the Battery, she shaped her course too near to the Wilbur, which she might have seen ivas engaged in the business of shifting a part of her tow, instead of going further out into the stream. That decision is affirmed. The Wilbur was held in fault (o) because she had no one to observe the movements and attend to the signals of approaching vessels; (tí) because she gave no signals announcing her intention to…
2Cited by2 opinions
- O'Brien v. The WhiteashDistrict Court, S.D. New York · 1894
- The No. 1004Court of Appeals for the Second Circuit · 1928