Conover v. The John S. Darcy
U.S. Circuit Court for the District of Southern New York
In Admiralty. Appeals by both vessels from decree of district court under cross-libels, dividing the damages. The John 8. Darcy, 29 Fed. Rep. 644. The Favorita, 8 Blatchf. 541; The John Cooker, 10 Ben. 488; The Columbia, 8 Fed. Rep. 716, 25 Fed. Rep. 844; The Montieello, 15 Fed. Rep. 474; McFarland v. Lead Co., 17 Fed. Rep. 253; The Fanwood, 28 Fed. Rep. 374; The Delaware, 6 Fed. Rep. 195; The Sigel, 6 Bon. 550, 14 Blatchf. 482; The Pavonia, 26 Fed.
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In Admiralty. Appeals by both vessels from decree of district court under cross-libels, dividing the damages. The John 8. Darcy, 29 Fed. Rep. 644. The Favorita, 8 Blatchf. 541; The John Cooker, 10 Ben. 488; The Columbia, 8 Fed. Rep. 716, 25 Fed. Rep. 844; The Montieello, 15 Fed. Rep. 474; McFarland v. Lead Co., 17 Fed. Rep. 253; The Fanwood, 28 Fed. Rep. 374; The Delaware, 6 Fed. Rep. 195; The Sigel, 6 Bon. 550, 14 Blatchf. 482; The Pavonia, 26 Fed. Rep. 110; The Manhasset, 34 Fed. Rep. 422; Fay's Case, 15 Pick. 253; The Alabama, 1 Ben. 483; The Ariadne, 7 Blatchf. 212; The Mary T. Wilder,…
1Opinion of the CourtLacombe, J.
The decision of the district judge holding both vessels in fault is affirmed. Such affirmance, however, is not to be taken as an assent to the proposition that the ferry-boats at the Twenty-Third street ferry have “the exclusive use of the clear water about 108 feet in width, between the Twenty-Second street pier and the lower ferry-rack.” The fact that a ferry-boat lays such an “ordinary and usual course” as will bring her within 10 to 20 feet of the corner of a pier, not itself the boundary of her slip, “hugging it as closely as she can,” (as the witnesses put it,) is not sufficient to give…
2Cited by2 opinions
- The RosedaleDistrict Court, S.D. New York · 1898
- Murray v. The ChicagoDistrict Court, S.D. New York · 1894