Legal Opinion

The Jumna

Court of Appeals for the Second Circuit

Decided November 14, 1906No. Nos. 37-39PublishedCited by 24 opinions

Appeal from the District Court of the United States for the Southern District of New York. On appeal and cross-appeal from a decree of the District.

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Appeal from the District Court of the United States for the Southern District of New York. On appeal and cross-appeal from a decree of the District. Court for the Southern District of New York dismissing the libel and cross-libels and deciding that the collision between barge No. 19, in tow of the tug Gypsum King, and the steamship Jumna, and the subsequent collision of said barge and the schooner Gypsum Emperor with the New Haven Railroad’s pier No. 38, East river, was the result of inevitable accident. The opinion of Judge Holt in the District Court is reported in 140 Fed. 743.

1Opinion of the Court

COXE, Circuit Judge.

It is conceded on all hands that, except in a few unimportant details, the facts are fully and accurately stated in the opinion of the district judge. He has carefully considered the conflicting theories of fault and has reached the conclusion that .negligence has not been established as to any of the vessels participating in the collision. To arrive at this result it was necessary for him to determine several disputed questions of fact regarding which it is sufi *172ficient to say that in many instances he was unquestionably right and in no instance is the finding so clearly…

2Cases cited5 opinions

  1. The" Sunnyside"Supreme Court of the United States · 1876
  2. The "Clara."Supreme Court of the United States · 1880
  3. The Grace GirdlerSupreme Court of the United States · 1869
  4. The Morning LightSupreme Court of the United States · 1865
  5. The BreezeU.S. Circuit Court for the District of Southern New York · 1872

3Cited by24 opinions

  1. Folkstone Maritime, Ltd. v. CSX Corp.Court of Appeals for the Seventh Circuit · 1995
  2. Tug Ocean Prince, Inc. v. United StatesDistrict Court, S.D. New York · 1977
  3. City of Chicago v. M/v Morgan, Kindra Lake Towing, L.P., and Kindra Lake Towing, Inc.Court of Appeals for the Seventh Circuit · 2004
  4. Atkins v. LorentzenCourt of Appeals for the Fifth Circuit · 1964
  5. Merrill Trust Co. v. BradfordCourt of Appeals for the First Circuit · 1974

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