The Madison
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Southern District of New York. Dibel by Daniel Allard against the steam tug Madison, her engines, etc., claimed by the Delaware, Uaclrawanna & Western Railroad Company, which impleaded the steam tug Patchogue, her engines, etc., claimed by the l,ong Island Railroad Company. There was a decree against the Patchogue, and the Pong Island Railroad Company, claimant, appeals.
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Appeal from the District Court of the United States for the Southern District of New York. Dibel by Daniel Allard against the steam tug Madison, her engines, etc., claimed by the Delaware, Uaclrawanna & Western Railroad Company, which impleaded the steam tug Patchogue, her engines, etc., claimed by the l,ong Island Railroad Company. There was a decree against the Patchogue, and the Pong Island Railroad Company, claimant, appeals. The libel was on belialf of the owner of the scow William I. Higgins for a collision occurring on March 8, 1916, at 8 p. m., on the New York side of the East River…
1Opinion of the CourtLearned Hand, District Judge
(after stating the facts as above). [1-3] The Madison seems to us clearly at fault. She did not see the Patchogue, and therefore made no effort to avoid her, allowing her tow, which was at least 500 feet long, to swing out of line probably 200 or 300 feet in a narrow part of the river, not over 1,400 feet wide. This management of her tow has been several times condemned in the District Court. The Pencoyd, 157 Fed. 134, Thames Towboat Co. v. Penn. R. Co., 157 Fed. 305. We think it clearly improper navigation. While it is true that the East River is not a narrow channel (The Wrestler, 232 Fed.…
2Cases cited6 opinions
- The Albert DumoisSupreme Court of the United States · 1900
- The WrestlerCourt of Appeals for the Second Circuit · 1916
- The Pilot BoyCourt of Appeals for the Fourth Circuit · 1902
- The Anna W.Court of Appeals for the Second Circuit · 1912
- The PencoydDistrict Court, S.D. New York · 1907
1 more not listed; retrieve them via the Exa API.
3Cited by48 opinions
- The SeveranceCourt of Appeals for the Fourth Circuit · 1945
- Gulf Oil Corporation v. the Socony No. 16Court of Appeals for the Second Circuit · 1947
- Sun Oil Company v. SS GEORGELDistrict Court, S.D. New York · 1965
- Ira S. Bushey & Sons, Inc. v. United StatesCourt of Appeals for the Second Circuit · 1949
- Martin Marine Transp. Co. v. Jakobson & Peterson, Inc.Court of Appeals for the Second Circuit · 1943
43 more not listed; retrieve them via the Exa API.