The Rhode Island
U.S. Circuit Court for the District of Southern New York
3 [New allegations were filed in the circuit court in behalf of the appellants, for the purpose of bringing under consideration material testimony showing bad navigation by the propeller, which was supposed not to, have been allowed weight in the district court, for the reason that the answer was held not to be specific enough to admit of its application. • (See opinion of district court, Case No. 11,745.) The collision in question took place during daylight, about abreast…
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3 [New allegations were filed in the circuit court in behalf of the appellants, for the purpose of bringing under consideration material testimony showing bad navigation by the propeller, which was supposed not to, have been allowed weight in the district court, for the reason that the answer was held not to be specific enough to admit of its application. • (See opinion of district court, Case No. 11,745.) The collision in question took place during daylight, about abreast of Hallett’s Point, between the Point and Hogs-back, and nearer the former than the latter. The tide was at its strongest…
1Opinion of the Court
NELSON, Circuit Justice.
This is a libel against the steamboat Rhode Island for damages done to the propeller Naugatuck by a collision between the two vessels, which occurred in Hell Gate on the 28th of October, 1840, between four and five o’clock p. m.
The preponderance of the testimony is tlinr the Rhode Island was in fault in attempting to pass the Naugatuck in the Gate, considering the position of the latter at the time *645and the course she was pursuing through that narrow and dangerous passage. Notwithstanding some evidence to the contrary, the weight of it is not to be mistaken, that the…
2Cited by1 opinion
- Erwin v. . Neversink Steamboat CompanyNew York Court of Appeals · 1882