Legal Opinion

Hughes v. Pennsylvania R.

Court of Appeals for the Second Circuit

Decided February 25, 1902No. 88PublishedCited by 10 opinions

Appeal from the' District Court of the United States for the Southern District of New York. This cause comes here upon appeal by both respondents from a decree of the district court (93 Fed. 510) holding the defendant railway company solely responsible for the damages resulting from a collision between libelant’s canal boat F. B. Morris and a ferryboat alleged to be owned by the Pennsylvania Annex.

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Appeal from the' District Court of the United States for the Southern District of New York. This cause comes here upon appeal by both respondents from a decree of the district court (93 Fed. 510) holding the defendant railway company solely responsible for the damages resulting from a collision between libelant’s canal boat F. B. Morris and a ferryboat alleged to be owned by the Pennsylvania Annex. The appeal of the last-named respondent was evidently taken through some oversight, inasmuch as the district court dismissed the libel as to it. It was not argued here, and may be disregarded.

1Opinion of the Court

LACOMBE, Circuit Judge.

The facts are as follows: The libel-ant’s canal boat F. B. Morris, loaded with coal, and bound from South Amboy to 138th street, Harlem river, was in tow of the Pennsylvania Railroad Company’s tug Media on February 9, 1898. There were eight boats in the tow in three tiers, and the Morris was the outside port boat in the second tier. At about 1 a. m., the tide being then ebb, the tug tied up the flotilla at Pier 5, East river, by fastening the head tier, leaving the tow tailing down the river on the ebb tide. Thereupon the tug left the tow in order to engage in other…

2Cited by10 opinions

  1. Adams v. CareyCourt of Appeals of Maryland · 1937
  2. The ExpressCourt of Appeals for the Second Circuit · 1914
  3. McWilliams v. Philadelphia & R. Ry. Co.Court of Appeals for the Second Circuit · 1913
  4. The Jersey CentralCourt of Appeals for the Second Circuit · 1915
  5. The Socony No. 9Court of Appeals for the Second Circuit · 1934

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