Howell v. Delaware, L. & W. R. Co.
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 John S. Howell against the Delaware, Lackawanna & Western Railroad Company, in which the barge Dunellen, her tackle, etc. (the Central Railroad of New Jersey, claimant), the barge Chapin, her tackle, etc. (the New York Central Railroad Company, claimant), and the steam lighter Scotia, her engines, etc.
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Appeal from the District Court of the United States for the Southern District of New York. Dibel by John S. Howell against the Delaware, Lackawanna & Western Railroad Company, in which the barge Dunellen, her tackle, etc. (the Central Railroad of New Jersey, claimant), the barge Chapin, her tackle, etc. (the New York Central Railroad Company, claimant), and the steam lighter Scotia, her engines, etc. (McAllister Bros., claimants) were made parties under the fifty-ninth rule in admiralty. From an adverse decree, the claimant of the barge Chapin appeals. Action was originally brought against…
1Opinion of the CourtHough, Circuit Judge
(after stating the facts as above). Whether the Chapin so protruded into the fairway as to proximately cause collision with the Scotia while the latter was exercising reasonable care is matter, of fact decided adversly to the Chapin by the trial judge, and after reviewing the record we find his conclusions supported by evidence, which it would serve no useful purpose to recite. It is, however, here urged as. matter of law that, since the Lex and Dunellen were also moored af the pier end in violation of New York Charter (Laws 1901, c. 466) § 879 (set forth at length in The Allemania, 231 Fed.…
2Cases cited3 opinions
- The Daniel McAllisterCourt of Appeals for the Second Circuit · 1919
- The New York Central No. 18Court of Appeals for the Second Circuit · 1919
- The AllemaniaCourt of Appeals for the Second Circuit · 1916
3Cited by2 opinions
- Flannery v. National Coal & Ice Co., Inc.Court of Appeals for the Second Circuit · 1922
- The Henry LeeDistrict Court, E.D. New York · 1921