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. Tbe libel was filed by Eugene S. Belden, in bebalf of tbe owners, insurers, master and crew of tbe steam lighter Clifford.
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Appeal from the District Court of the United States for the Southern District of New York. Tbe libel was filed by Eugene S. Belden, in bebalf of tbe owners, insurers, master and crew of tbe steam lighter Clifford. Tbe libelants appeal from a final decree of tbe District Court for tbe Southern District of New York, holding the propeller Newburgh liable for half tbe damages received by the Clifford by reason of a collision with tbe Newburgh in the Hudson River, off 104th street, at about half past 9 on tbe morning of December 29, 1901, during a dense fog. Tbe Newburgh was held in fault for…
1Opinion of the Court
COXE, Circuit Judge.
No appeal having been taken by the claimant the negligence of the Newburgh must be considered as established beyond controversy.
The single question to be determined is whether the Clifford was at fault in anchoring at the place where the collision occurred. Was she on the anchorage ground, namely, west of a line drawn through the center of the river? The testimony was taken by deposition and was submitted on briefs in the District Court, no oral argument being made. The District Judge assumed that it was conceded that the Clifford was somewhat to the eastward of the…
2Cases cited8 opinions
- The OregonSupreme Court of the United States · 1895
- The City of New YorkSupreme Court of the United States · 1893
- The Clarita and the ClaraSupreme Court of the United States · 1875
- The Ludvig HolbergSupreme Court of the United States · 1895
- StarinCourt of Appeals for the Second Circuit · 1903
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3Cited by9 opinions
- Burns Bros. v. Cornell Steamboat Co.Court of Appeals for the Second Circuit · 1931
- The Amiral CecilleDistrict Court, D. Washington · 1905
- The CananovaDistrict Court, E.D. Pennsylvania · 1923
- Villain & Fassio E Compagnia Internazionale Di Genova Societa Riunite Di Navigazione v. the Tank Steamer E. W. SinclairDistrict Court, S.D. New York · 1962
- United States v. City of New YorkDistrict Court, S.D. New York · 1923
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