The New York Central Tug No. 27.
District Court, S.D. New York
In Admiralty. Suit for collision by the White Star Line, owner of the steamship Cedric, against the New York Central Tug No. 27. This cause comes up for final hearing upon a libel filed by the White Star Line against the New York Central tug No. 27, because of a collision between the tug’s loaded ear float and the libelant’s steamer, Cedric, on March 6, 1920, in the Hudson river, between 800 and 1,200 feet off Castle Point.
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In Admiralty. Suit for collision by the White Star Line, owner of the steamship Cedric, against the New York Central Tug No. 27. This cause comes up for final hearing upon a libel filed by the White Star Line against the New York Central tug No. 27, because of a collision between the tug’s loaded ear float and the libelant’s steamer, Cedric, on March 6, 1920, in the Hudson river, between 800 and 1,200 feet off Castle Point. The tide was at the first of the ebb, and the weather was clear, hut there was a gale blowing from the northwest. The tug started out at 12:04 p. m. from the Weebawken…
1Opinion of the CourtLearned Hand, District Judge
(after stating the facts as above). Both sides concede, that the Cedric’s damages are so heavy as to exceed the value of the tug, even if both ships were at fault. In consequence I shall not consider any supposed fault of the Cedric, except in so far as it is involved in determining the fault of the tug. If the latter is at fault at all, the other question is moot; the libel being in rem.
[1] The Servia, 149 U. S. 144, 13 Sup. Ct. 877, 37 L. Ed. 681, is the nearest controlling case, and I shall start with its consideration. It settles the law that the case is one of special circumstance, and…
2Cases cited1 opinion
- The ServiaSupreme Court of the United States · 1893
3Cited by3 opinions
- The Fort St. GeorgeCourt of Appeals for the Second Circuit · 1928
- Everts v. LatimerCourt of Appeals for the Fourth Circuit · 1925
- The Port NewarkDistrict Court, E.D. New York · 1932