Legal Opinion

The Anna M. Fahy

Court of Appeals for the Second Circuit

Decided April 30, 1907No. 266PublishedCited by 39 opinions

Appeal from the District Court of the United States for the Southern District of New York. On appeal from a decree of the District Court for the Southern District of New York awarding damages to the libelants, owners of the tug Bulley, for injuries sustained by her as the result of running upon the sunken canal-boat Anna M. Fahy. The Fahy was sunk by reason of the negligence of the tugs Overbrook and Media in towing her upon the rocks near St. George, Staten Island.

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Appeal from the District Court of the United States for the Southern District of New York. On appeal from a decree of the District Court for the Southern District of New York awarding damages to the libelants, owners of the tug Bulley, for injuries sustained by her as the result of running upon the sunken canal-boat Anna M. Fahy. The Fahy was sunk by reason of the negligence of the tugs Overbrook and Media in towing her upon the rocks near St. George, Staten Island. The claimant of the Fahy brought in the tugs under the fifty-ninth rule in admiralty. The District Court dismissed his petition…

1Opinion of the Court

COXE, Circuit Judge.

The tug Bulley was damaged by running upon the' sunken wreck of the canal boat Eahy shortly after 6 o’clock on the evening of April 4, 1905. The Eahy sank about 8:30 on the morning of the same day having been negligently towed on the rocks by the tugs having her in charge. The Bulley was without fault and is entitled to a decree against the vessel or vessels responsible for her damages. This proposition is not controverted.

The libel was filed upon the theory that the Eahy was solely liable for the reason that her owner neglected to comply with the provisions of section 15…

2Cited by39 opinions

  1. Eastern Transportation Co. v. United StatesSupreme Court of the United States · 1927
  2. Eastern S. S. Corp. v. Great Lakes Dredge & Dock Co.Court of Appeals for the First Circuit · 1919
  3. Walter Douglas Nunley v. M/v Dauntless Colocotronis, United States of America and Combi Lines v. Point Landing, Inc.Court of Appeals for the Fifth Circuit · 1984
  4. Red Star Towing & Transportation Co. v. WoodburnCourt of Appeals for the Second Circuit · 1927
  5. Reading Company v. Pope & Talbot, Inc.District Court, E.D. Pennsylvania · 1961

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