Legal Opinion

The Winfield S. Cahill

Court of Appeals for the Second Circuit

Decided May 14, 1919No. 190PublishedCited by 20 opinions

Appeal from the District Court of the United States for the Eastern District of New York. Eibel in admiralty by the Seguranca Steamship Corporation against the steam tug Winfield S. Cahill and James Brooks, its claimant, and the steam tug John E. Wade and William J. Wade, its claimant, and Edward M. Timmins and the Cornell Steamboat Company, ‘and by Robert M. Woodburn against the steam tug Ira M. Hedges and the Cornell Steamboat Company, wherein William J. Wade, as owner of…

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Appeal from the District Court of the United States for the Eastern District of New York. Eibel in admiralty by the Seguranca Steamship Corporation against the steam tug Winfield S. Cahill and James Brooks, its claimant, and the steam tug John E. Wade and William J. Wade, its claimant, and Edward M. Timmins and the Cornell Steamboat Company, ‘and by Robert M. Woodburn against the steam tug Ira M. Hedges and the Cornell Steamboat Company, wherein William J. Wade, as owner of the steam tug John E. Wade, petitions for limitation of liability against the Cornell Steamboat Company, and James…

1Opinion of the CourtHough, Circuit Judge

(after stating the facts as above). [1] On the facts above recited we agree with the court below that the fault of the Hedges is entirely plain. When the vessels were in such position that they were bound to navigate with due regard to each other’s rights, they were admittedly on crossing courses, with the Seguranca the privileged vessel. It may be assumed as plain that the Hedges did not intend to continue such crossing course, but to turn into the East River in such manner that she would be either parallel with the Seguranca or ahead of her according to the rapidity of such turn. It is…

2Cases cited4 opinions

  1. The North StarCourt of Appeals for the Second Circuit · 1907
  2. The Anna W.Court of Appeals for the Second Circuit · 1912
  3. Darragh v. The DunbrittonCourt of Appeals for the Second Circuit · 1896
  4. White Star Towing Co. v. ReedCourt of Appeals for the Second Circuit · 1894

3Cited by20 opinions

  1. Navigazione Libera Triestina Societa Anonima v. Newtown Creek Towing Co.Court of Appeals for the Second Circuit · 1938
  2. Clyde S. S. Co. v. City of New YorkCourt of Appeals for the Second Circuit · 1927
  3. New Jersey Shipbuilding & Dredging Co. v. James McWilliams Blue Line, Inc.Court of Appeals for the Second Circuit · 1930
  4. The GlendolaCourt of Appeals for the Second Circuit · 1931
  5. Shipowners & Merchants Tugboat Co. v. United StatesCourt of Appeals for the Ninth Circuit · 1953

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