The Benjamin Franklin
Court of Appeals for the Second Circuit
Appeals from the District Court of the United States for the Southern District of New York. This cause comes here upon appeals from decrees of the District Court, Southern District of New York, which held the steamtugs Benjamin Franklin and Edwin H. Mead both liable for damages from a collision of the former with the barge Emma J. Rose, in tow of the Mead.
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Appeals from the District Court of the United States for the Southern District of New York. This cause comes here upon appeals from decrees of the District Court, Southern District of New York, which held the steamtugs Benjamin Franklin and Edwin H. Mead both liable for damages from a collision of the former with the barge Emma J. Rose, in tow of the Mead. The Mead was bound down the Hudson river from Rondout, with 15 boats and barges in tow; the Rose being starboard boat on the hawser tier. The Franklin, which had landed an excursion at Hoboken, was bound up to Yonkers unincumbered. The…
1Opinion of the CourtEacombe, Circuit Judge
(after stating the facts). The District Court held the Mead in fault for “being on the east side of the river with her tow, in violation of rule 25,” which reads as follows:
“In narrow channels every steam vessel shall, when it is safe and practicable, keep to that side of the fairway or midchannel which lies on the starboard side of such vessel.”
This rule, long in force in the regulations governing navigation in the open ocean, was applied to inland waters by Act of June 7, 1897, c. 4, 30 Stat. 96 [U. S. Comp. St 1901, p. 2875]. The question presented on this appeal is whether that part of…
2Cases cited4 opinions
- McCaffrey v. The Clara & The RelianceCourt of Appeals for the Second Circuit · 1893
- The Alfred W. BoothDistrict Court, S.D. New York · 1903
- The E. A. PackerDistrict Court, S.D. New York · 1884
- The MarylandDistrict Court, S.D. New York · 1884
3Cited by16 opinions
- The La BretagneCourt of Appeals for the Second Circuit · 1910
- The No. 4Court of Appeals for the Second Circuit · 1908
- Luckenbach S. S. Co. v. United StatesCourt of Appeals for the Second Circuit · 1926
- The HokendauquaDistrict Court, D. New York · 1919
- The IslanderCourt of Appeals for the Second Circuit · 1907
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