The Newburgh
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Southern District of New York. Two libels — one by Owen J. McWilliams and others against the Cornell Steamboat Company, which brought in the steamer Newburgh, her engines, etc., claimed by the Central Hudson Steamboat Company; and tlie others by tlie Archibald McNeil & Sons Company against the steamer Newburgh, her engines, etc., claimed by the Central Hudson Steamboat Company — with petition by the Shamrock Towing…
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Appeal from the District Court of the United States for the Southern District of New York. Two libels — one by Owen J. McWilliams and others against the Cornell Steamboat Company, which brought in the steamer Newburgh, her engines, etc., claimed by the Central Hudson Steamboat Company; and tlie others by tlie Archibald McNeil & Sons Company against the steamer Newburgh, her engines, etc., claimed by the Central Hudson Steamboat Company — with petition by the Shamrock Towing Company, owner of tlie steam tug Robert J. McGuirl, for limitation of liability. From a final decree, holding the…
1Opinion of the CourtLearned Hand, District Judge
(after stating the facts as above). [1] We think that this was a crossing, not a passing, case. We must choose between the story of the Newburgh, backed up by Eldridge, and the supposition that each vessel was passing the other port to port on directly opposite courses 300 feet apart. If so, it seems to us highly improbable that the Newburgh should ever have sought a starboard to starboard passing, even though we should agree that, had she done so, the' McGuirl would have assented. The suggestion that the Newburgh meant to avoid the New York shore further up because of possible shipping…
2Cases cited8 opinions
- Cramer v. ClancyCourt of Appeals for the Second Circuit · 1898
- Nassau Ferry Co. v. The NereusDistrict Court, S.D. New York · 1885
- Brown v. The ColumbiaDistrict Court, S.D. New York · 1887
- MacMaster v. The Sammie & The R. W. BurkeU.S. Circuit Court for the District of Southern New York · 1889
- Murphy v. The GreenpointDistrict Court, S.D. New York · 1887
3 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- The HallgrimCourt of Appeals for the Second Circuit · 1927
- The MorristownCourt of Appeals for the Second Circuit · 1922
- Pitney v. United StatesCourt of Appeals for the Second Circuit · 1945
- UNITED STATES v. SHAW, SAVILL & ALBION CO., LimitedCourt of Appeals for the Second Circuit · 1949
- New York, N. H. & H. R. v. Colonial Nav. Co.Court of Appeals for the Second Circuit · 1935
7 more not listed; retrieve them via the Exa API.