Heath v. The St. Johns
U.S. Circuit Court for the District of Southern New York
In Admiralty. Appeal from district court. FINDINGS OF FACT. (1) At all the times hereinafter mentioned, the libelant Ira Heath was the owner of the canal-boat Stephen A. Pyatt, her tackle, etc. The libelants Frederick-G. Van Vliet and-Isaac FT. Van Vliet at the same time composed the firm of F. G. & I. FT. Van. Vliet, and were the owners of a cargo of about 10,000 bushels of barley aboard said canal-boat.
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In Admiralty. Appeal from district court. FINDINGS OF FACT. (1) At all the times hereinafter mentioned, the libelant Ira Heath was the owner of the canal-boat Stephen A. Pyatt, her tackle, etc. The libelants Frederick-G. Van Vliet and-Isaac FT. Van Vliet at the same time composed the firm of F. G. & I. FT. Van. Vliet, and were the owners of a cargo of about 10,000 bushels of barley aboard said canal-boat. (2) On January 4, 1887, about 10 a. m., the canal-boat Stephen A. Pyatt, having said cargo of barley aboard, was taken in tow by the steam-tug Gen. Itosecrans, at the foot of Morgan street,…
1Opinion of the Court
Lacovibe, Circuit Judge.
The findings, taken in connection with tbe opinion of tbe district judge, (34 Fed. Rep. 763,) sufficiently indicate the grounds of affirmance. Had the navigation of both vessels boon in accordance with their agreement, there would have been no collision. What-, then, was the agreement, and who failed to keep to it? The Rosecrans and the Delaware being each in the “fifth situation ” relatively to the'St. Johns, which was on their starboard hand, were required by the rules to port, and pass astern of the St. Johns; the latter continuing on her course, and passing ahead.…
2Cited by2 opinions
- Harris v. The Nutmeg StateDistrict Court, S.D. New York · 1894
- Barrett v. City of New YorkDistrict Court, S.D. New York · 1947