The Jersey Central
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Eastern District of New York. This cause comes here upon appeal from a decree of the District Court, Eastern District of New York, holding appellant’s tug Jersey Central solely at fault for a collision between said tug and libelant’s barge Howard Bros., which was one of a fleet of about 16 barges, 4 abreast, tied up at the end of the Packer Pier, Communipaw, which is a well-known place for tying up and distributing.
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Appeal from the District Court of the United States for the Eastern District of New York. This cause comes here upon appeal from a decree of the District Court, Eastern District of New York, holding appellant’s tug Jersey Central solely at fault for a collision between said tug and libelant’s barge Howard Bros., which was one of a fleet of about 16 barges, 4 abreast, tied up at the end of the Packer Pier, Communipaw, which is a well-known place for tying up and distributing. The barges had been brought there about á a. m. March 14, 1913, by the Philadelphia & Reading tugs Berne and…
1Per curiam
[ 1 ] There is dispute in the testimony as tp weather conditions at the Packer Pier when the two tugs left there. We are not satisfied that conditions were such that they should be held in fault merely for leaving the balance of their tow tied up there while they proceeded to make delivery of individual units. So far as the evidence shows, the tow was made securely fast, with no likelihood of swinging out and obstructing navigation before the return of one or -other of the tugs. This method of tying up at that dock and distributing therefrom has been in use for years, and unless there is some…
2Cases cited5 opinions
- The ExpressCourt of Appeals for the Second Circuit · 1914
- The P. R. R. No. 5Court of Appeals for the Second Circuit · 1910
- Hughes v. Pennsylvania R.Court of Appeals for the Second Circuit · 1902
- New York, O. & W. RY. CO. v. Cornell Steamboat Co.Court of Appeals for the Second Circuit · 1911
- The McCaldin BrothersDistrict Court, E.D. New York · 1902
3Cited by11 opinions
- Pennsylvania R. Co. v. Erie R. Co.Court of Appeals for the Second Circuit · 1930
- New York Cent. R. v. City of New YorkCourt of Appeals for the Second Circuit · 1927
- O'Boyle v. Cornell Steamboat Co.Court of Appeals for the Second Circuit · 1924
- Pennsylvania R. v. Central R. R.Court of Appeals for the Second Circuit · 1939
- The BernCourt of Appeals for the Second Circuit · 1917
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