The New York Central No. 18
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Southern District of New York. Suit in admiralty for collision by Fred E. Jones, owner of Scow No. 33, against the steam tug New York Central No. 18, with the steam tug Amanda Moore impleaded. Decree for half damages against the Moore, and libelant appeals. Libelant owns the scow No. S3. On a fair summer day, the tide being strong flood, she was in tow of the tug Amanda Moore.
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Appeal from the District Court of the United States for the Southern District of New York. Suit in admiralty for collision by Fred E. Jones, owner of Scow No. 33, against the steam tug New York Central No. 18, with the steam tug Amanda Moore impleaded. Decree for half damages against the Moore, and libelant appeals. Libelant owns the scow No. S3. On a fair summer day, the tide being strong flood, she was in tow of the tug Amanda Moore. It was intended to take the scow into the slip between Piers 32 and 33, East River. The slip, however, was already occupied—at least by the tug New York…
1Opinion of the CourtHough, Circuit Judge
(after stating .the facts as above). [1] Section 879 of the- charter is to be construed and applied as required by our previous decisions (The Allemania, supra, The Dean Richmond, 107 Fed. 1001, 47 C. C. A. 138, and The Chauncey M. Depew, 139 Fed. 236, 71 C. C. A. 362). • It does not absolutely prevent a vessel lying at the pier end from recovering against manifest tort-feasors. But a violation of the statute is sufficient evidence and sufficient reason for imputing fault to the violator. The consequence of such violation is, by the statute, that the violator cannot recover for injuries…
2Cases cited10 opinions
- The LyndhurstDistrict Court, S.D. New York · 1899
- DepewCourt of Appeals for the Second Circuit · 1905
- The Dean RichmondCourt of Appeals for the Second Circuit · 1901
- Wright & Cobb Lighterage Co. v. New England Navigation Co.Court of Appeals for the Second Circuit · 1913
- Wright & Cobb Lighterage Co. v. New England Navigation Co.District Court, S.D. New York · 1911
5 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- The Daniel McAllisterCourt of Appeals for the Second Circuit · 1919
- Jova Brick Works, Inc. v. City of New YorkCourt of Appeals for the Second Circuit · 1921
- Flannery v. National Coal & Ice Co., Inc.Court of Appeals for the Second Circuit · 1922
- The Baker Bros.Court of Appeals for the Second Circuit · 1919
- The Jersey CentralCourt of Appeals for the Second Circuit · 1929
8 more not listed; retrieve them via the Exa API.