The Columbia
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Southern District of’New York. This cause conies here upon appeal from a decree of the District court, Southern district of New York (92 Fed. 936), holding both vessels in fault for a collision between the steam ferryboat Columbia anti the steam propeller Eagle, in the East river, near the Grand street Ferry slip on the New York side.
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Appeal from the District Court of the United States for the Southern District of’New York. This cause conies here upon appeal from a decree of the District court, Southern district of New York (92 Fed. 936), holding both vessels in fault for a collision between the steam ferryboat Columbia anti the steam propeller Eagle, in the East river, near the Grand street Ferry slip on the New York side. The Eagle was condemned for keeping too close to the docks, and for dim lights; the Columbia for inattentive lookout, for not heeding the signal of one whistle given by the propeller, and for not…
1Per curiam
The various issues of fact appear to have been most vigorously disputed upon the testimony of many witnesses who were examined in the presence of the district judge; and we do not And sufficient ground for rejecting his finding of fact, that the ferryboat gave a signal of two whistles when at least one-third of the way across from the New York shore, to which the propeller immediately answered with one, and that thereafter the ferryboat navigated in disregard of the propeller’s signal, and persisted in the effort to cross her bows, although she (the Columbia) had (he Eagle on her starboard…
2Cited by2 opinions
- The City of LowellCourt of Appeals for the Second Circuit · 1907
- Kaminsky v. GoodOregon Supreme Court · 1928