Legal Opinion

The Dorothy

Court of Appeals for the Second Circuit

Decided May 8, 1911No. Nos. 246, 247PublishedCited by 4 opinions

Appeals from the District Court of the United States for the Southern District of New York. Suit in admiralty for collision by Michael Tracy and John Tracy, as owners of the scow William Carney, against the steamer Dorothy, the A. H. Bull Steamship Company, claimant, and the steam tug Wyomissing, the Philadelphia & Reading Railway, claimant. Decree against both vessels, and claimants appeal. Reversed, with directions to decree against the Dorothy alone.

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Appeals from the District Court of the United States for the Southern District of New York. Suit in admiralty for collision by Michael Tracy and John Tracy, as owners of the scow William Carney, against the steamer Dorothy, the A. H. Bull Steamship Company, claimant, and the steam tug Wyomissing, the Philadelphia & Reading Railway, claimant. Decree against both vessels, and claimants appeal. Reversed, with directions to decree against the Dorothy alone. Libel by the owner of the Dorothy against the Wyomissing, and decree against the latter for part damages, from which the claimant of the…

1Opinion of the Court

COXE, Circuit Judge.

On October 5, 1909, the steamship Dorothy was lying aground in Newtown creek and was endeavoring, at high tide, by means of her propeller and a hawser to the shore, to get herself free. The Dorothy is a large steamship about 315 feet in length. She was headed upstream and was lying with her bow between 300 and 400 feet from the dock on the Brooklyn, or southerly, side of the creek, her stern reaching almost to the East River.

The Wyomissing, with a tow of 16 loaded barges, reached the mouth of the creek intending to tie up at Bergen’s Dock and there distribute her East…

2Cited by4 opinions

  1. Lehigh Valley R. v. McAllister Lighterage Line, Inc.Court of Appeals for the Second Circuit · 1932
  2. Lehigh Valley Railroad v. Tug Blackjack 21District Court, S.D. New York · 1962
  3. Ira S. Bushey & Sons, Inc. v. United StatesDistrict Court, E.D. New York · 1948
  4. Paul DanaDistrict Court, E.D. New York · 1948

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