North German Lloyd v. Trouton
Court of Appeals for the Second Circuit
Appeal from a decree of the district court, southern district of New York (59 Fed. 716) holding the steamship Saale liable to the libelants, owners of the cargo laden on ihe bark Tordenskjold, which was sunk by a collision with said steamship on August 4,1892, about 7 p. m., in 43° 31' north latitude, and 56° 4' west longitude.
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Appeal from a decree of the district court, southern district of New York (59 Fed. 716) holding the steamship Saale liable to the libelants, owners of the cargo laden on ihe bark Tordenskjold, which was sunk by a collision with said steamship on August 4,1892, about 7 p. m., in 43° 31' north latitude, and 56° 4' west longitude. The bark was struck on the port side between the fore and main rigging, the angle of collision being about seven points between the bows of the two vessels.
1Opinion of the Court
LACOMBE, Circuit Judge.
The district judge found that the bark, which had been sailing about northwest, changed her course to starboard after hearing the steamer’s whistle, and that, had she not so changed, the steamer would unquestionably have passed her by a good margin without collision. This finding is supported by the evidence, and fixes the primary responsibility for the collision upon the bark. The change of course by the bark was made before the steamer sighted her, and did not mislead the latter’s officers. The libelants, owners of cargo, and therefore not themselves in any fault,…
2Cases cited5 opinions
- The PennsylvaniaSupreme Court of the United States · 1874
- The City of New YorkSupreme Court of the United States · 1893
- The NacoocheeSupreme Court of the United States · 1890
- Deep Sea Hydraulic Dredging Co. v. City of AlexandriaDistrict Court, S.D. New York · 1887
- Law v. The TraveDistrict Court, S.D. New York · 1893