Potter v. Payne

CHATFlELD, District Judge.

Most of the facts entering into the situation are not contradicted. Three barges, anchored in behind Sandy Hook, had been affected by ice floes for a good part of the night, and during an entire afternoon had been dragged with the ebb tide out to sea. The Conewaga happened to bring up on Sandy Hook at a time so near the turn of the tide that no further danger of drifting out to sea until the next ebb tide could have been in the minds of any of the parties. But in the meantime, with deeper water on the flood tide, the Conewaga might have been carried further ashore by…