Legal Opinion

The Brooklyn

U.S. Circuit Court for the District of Southern New York

Decided September 26, 1859PublishedCited by 2 opinions

[Appeal from the district court of the United States for the southern district of New York.] In admiralty. This was a libel in rem, filed in the district court, by the owners of the schooner Sarah E. Packer, against the steam ferry-boat Brooklyn to recover damages for a collision which occurred between the two vessels on the evening of the 10th of January, 1856, in the East river.

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[Appeal from the district court of the United States for the southern district of New York.] In admiralty. This was a libel in rem, filed in the district court, by the owners of the schooner Sarah E. Packer, against the steam ferry-boat Brooklyn to recover damages for a collision which occurred between the two vessels on the evening of the 10th of January, 1856, in the East river. The schooner was lying in a slip at the south side of a dock, just above the Pulton ferry slip or dock, on the Brooklyn side of the river. The ferry-boat left her berth at Whitehall, between five and six o’clock in…

1Opinion of the Court

NELSON, Circuit Justice.

I have looked attentively into the proofs in this case, and all the facts and circumstances attending the trip of the ferry-boat, and, after the fullest consideration, cannot see that any fault was committed in her navigation. Every effort seems to have been made, by the hands on board of her, which skill and attention could suggest, to gain the dock at Atlantic street, and failing in this, to enter the nearest dock practicable on the Brooklyn side. The Pul-ton street dock, in the attempt to enter which the accident occurred, belonged to the proprietors of the boat.…

2Cited by2 opinions

  1. Bleakley v. City of New YorkDistrict Court, S.D. New York · 1905
  2. Wishing v. The Transfer No. 2District Court, S.D. New York · 1893

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