Conklin v. City of Norwalk
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for tire District of Connecticut. Suit in admiralty by Charles E. Conklin against the City of Norwalk. Decree for respondent, and libelant appeals. The respondent municipality maintains a drawbridge over the Norwalk river.
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Appeal from the District Court of the United States for tire District of Connecticut. Suit in admiralty by Charles E. Conklin against the City of Norwalk. Decree for respondent, and libelant appeals. The respondent municipality maintains a drawbridge over the Norwalk river. It spans what is called (on the chart-submitted to us) the “10-foot channel,” which to the southerly of the bridge and within about 600 feet thereof is nowhere wider than 200 feet, and in its lower reaches considerably narrower. Libelant’s schooner Mary E. Cuff is a vessel of the United States as defined in ft. S. § 4311…
1Opinion of the CourtHough, Circuit Judge
(after stating the facts as above). Pursuant to section 5 of the River and Harbor Bill of 1894 (28 Stat. p. 362 [Comp. St. § 9973]) the Secretary of War has admittedly regulated the operation of this drawbridge by the following rule:
“Except between the hours of 6:45 a. m. and 7 a. in., and 12 m. and 12:15 p. m., and 12:45 p. m. and 1 p. m., the draw shall be promptly opened for the .passage of foreign vessels and of ‘vessels of the United States,’ as defined by section 4311, Revised Statutes, other than those propelled exclusively by hand, upon a signal to be given by three short blasts of a…
2Cases cited1 opinion
- Munroe v. City of ChicagoCourt of Appeals for the Seventh Circuit · 1912
3Cited by9 opinions
- United States v. James P. Staples, Bernard D. Oslin, Richard C. CooperCourt of Appeals for the Ninth Circuit · 1958
- Pennsylvania Railroad Company v. SS Marie LeonhardtDistrict Court, E.D. Pennsylvania · 1962
- Nassau County Bridge Authority v. Tug Dorothy McAllisterDistrict Court, E.D. New York · 1962
- Donovan v. New York Cent. R.District Court, S.D. New York · 1926
- Messenger v. StevensCourt of Appeals for the Fourth Circuit · 1936
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