Union S. S. Co. v. Erie & W. Transp. Co.
Court of Appeals for the Sixth Circuit
This was a libel by the Erie & Western Transportation Company, owner oí the steamer Conemangh, against the steamer City of New York, owned by the claimant, the Union Steamship Company, to recover damages for a collision between the two vessels, wlieiT'by ihe Conemaugli was sunk in the Detroit river The claimant tiled a cross libel for damage occasioned to the New York.
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This was a libel by the Erie & Western Transportation Company, owner oí the steamer Conemangh, against the steamer City of New York, owned by the claimant, the Union Steamship Company, to recover damages for a collision between the two vessels, wlieiT'by ihe Conemaugli was sunk in the Detroit river The claimant tiled a cross libel for damage occasioned to the New York. The district court, by its final decree, found that the New York was solely in fault, and assessed the entire damages against her. The claimant of the New York thereupon appealed to this court, which, on October 5, 1897, filed…
1Opinion of the Court
TAFT, Circuit Judge.
In this case a petition for rehearing has been filed, asking that the court reconsider its decision already announced in so far as it was adjudged thereby that the New York was not guilty of fault contributing to the collision. We deem it necessary to consider only two points made in the petition. One is that the finding of fact by the court made the relative situation of the vessels such that, under the case of The Manitoba, 122 U. S. 97, 7 Sup. Ct. 1158, the New York should have whistled. The oilier is that the two blast whistles of the Conemaugh were a distinct…
2Cases cited3 opinions
- The ManitobaSupreme Court of the United States · 1887
- Hamilton v. KingCourt of Appeals for the Second Circuit · 1891
- The B. B. SaundersDistrict Court, S.D. New York · 1884
3Cited by7 opinions
- Marshall Field & Co. v. United StatesCourt of Appeals for the Second Circuit · 1931
- Yamashita Kisen Kabushiki Kaisha v. McCormick Inter. SS Co.Court of Appeals for the Ninth Circuit · 1927
- The John H. StarinCourt of Appeals for the Second Circuit · 1908
- Moran Scow Corporation v. SS BOSTONDistrict Court, S.D. New York · 1972
- The MaineDistrict Court, S.D. New York · 1908
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