New York, O. & W. Ry. Co. v. Cornell Steamboat Co.

MAYER, Circuit Judge.

We think the sole question in the case is whether the navigator—i. e., the master in command of the Hercules—was justified in continuing across Haverstraw Bay. There is no question as to the propriety of starting out from Cornwall. It is not doubted that a tow proceeding down through the Highlands would be sheltered, and we think it plain that even though, on rounding Verplank’s Point into the upper entrance of Haverstraw Bay, there might be a wind and some rough water in the bay, it would not be possible *616for a navigator to observe the actual conditions in the bay until…