The Bay State
U.S. Circuit Court for the District of Southern New York
Appeal from the district court of the United States for the southern distinct of New York. In admiralty. This was a libel in rem, filed in the district court, by the Norwich and New Dondon Steamboat Company, owners of the steamboat Worcester, against the steamboat Bay State, to recover damages for a collision. In the district court, there was a decree for the libellants. The claimants appealed to tliis court. The facts are sufficiently stated in the opinion of the court.
1Opinion of the Court
NELSON, Circuit Justice.
The law of this state, passed April 12th, 1848, entitled, ‘AlU act in relation to the navigation of the East river by steamboats,” requires steamboats navigating the East river to keep the middle of the river. This law is peremptory. The masters of Vessels are bound to obey it, and have no discretion, except in cases of necessity. It is a mistake, on the part of those navigating vessels in this harbor, to suppose that they may indulge the exercise of their own judgment and discretion in regard to the proper mode of navigation. If they disregard the statute, they do so…
2Cited by2 opinions
- Commonwealth & Dominion Line, Ltd. v. Seaboard Transp. Co.District Court, D. Massachusetts · 1919
- McCaldin v. The Amos C. BarstowDistrict Court, S.D. New York · 1892