The Furnessia
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Southern District of New York. The cause comes here upon cross-appeals from a decree of the District Court, Southern District of New York, holding the steamer Furnessia solely in fault for a collision with the schooner William Bisbee. The steamer appeals on the merits, and libelants upon the assessment of damages. The witnesses on the merits were all examined out of court. The collision happened about 1:45 a. m.
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Appeal from the District Court of the United States for the Southern District of New York. The cause comes here upon cross-appeals from a decree of the District Court, Southern District of New York, holding the steamer Furnessia solely in fault for a collision with the schooner William Bisbee. The steamer appeals on the merits, and libelants upon the assessment of damages. The witnesses on the merits were all examined out of court. The collision happened about 1:45 a. m. May 15, 1904, in the Atlantic Ocean, some 15 miles east of Fire Island lightship. The opinion below is reported in 137 Fed.…
1Opinion of the Court
LACOMBE, Circuit Judge.
The steamer was on a course W. by N. two degrees N. The schooner in charge of her mate, who was at the wheeel, was on the starboard tack, heading nearly northeast, with a very light wind from the eastward. She at no time changed her course. The steamer struck her a right-angled blow. Therefore before collision the steamer must have changed her course nearly four points. The weather was foggy. Fog whistles were sounded by the steamer, and the schooner was working her mechanical fog horn. The District Court held the steamer in fault for going at too great speed in a fog,…
2Cases cited1 opinion
- Sewall v. La ChampagneDistrict Court, S.D. New York · 1892
3Cited by1 opinion
- The LafayetteCourt of Appeals for the Second Circuit · 1920