Legal Opinion

The Leviathan

District Court, S.D. New York

Decided November 17, 1922Published

1Opinion of the Court

WARD, Circuit Judge.

The steam lighter - Leviathan, proceeding westward through the Cape Cod Canal with a fair tide, ran into thick vapor just after passing Bournedale ferry and went ashore on the north bank of the canal, with her stem somewhat angling out, at a point about a mile and a half further down. The canal is here 100 feet wide at the bottom and 150 feet wide at the surface.

Vapors like this are said to be of frequent occurrence in the spring and fall along the canal at places between hills, where the water is warmer than the air. The Leviathan began at once to blow four blasts of her…

2Cases cited2 opinions

  1. The Bailey GatzertCourt of Appeals for the Ninth Circuit · 1910
  2. The KennebecDistrict Court, S.D. New York · 1908

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