Cornell Steamboat Co. v. Jersey City
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Eastern District of New York. Ln Admiralty. Libel by the Cornell Steamboat Company against the ferryboat Jersey City and others to recover damages for collision with a tow -while in charge of a tug belonging to libelant. An exception to the libel was overruled. 43 Led. Itep. 166. ^ Afterwards a deerée was' rendered against the ferryboat, (44 Fed. Rep. 112,) and her owners appeal.
1Opinion of the Court
Wallace, Circuit Judge.
We concur in the opinion of the learned district judge that the ferryboat was exclusively in fault for the collision with the tow. The only question upon this branch of the case is one of fact, viz., whether, when the ferryboat attempted to make her slip by passing between the tug and her tows mid the steamboat City of Norwich, the tug allowed herself and tows to drop back with the tide, and thus intercept the course of the ferryboat. The weight of the evidence is decidedly against the contention for the ferryboat, and, were it not, we should not feel at liberty to…
2Cases cited5 opinions
- White v. WebbSupreme Court of Connecticut · 1842
- Stowell v. . OtisNew York Court of Appeals · 1877
- King v. PaddockNew York Supreme Court · 1820
- Thorp v. BurlingNew York Supreme Court · 1814
- Little v. FossettSupreme Judicial Court of Maine · 1852
3Cited by19 opinions
- Petterson Lighterage & T. Corp. v. New York Central R. Co.Court of Appeals for the Second Circuit · 1942
- CF HARMS CO. v. Erie R. Co.Court of Appeals for the Second Circuit · 1948
- City of Cleveland v. ChisholmCourt of Appeals for the Sixth Circuit · 1898
- The KalfarliCourt of Appeals for the Second Circuit · 1921
- Gilchrist v. EustromCourt of Appeals for the Eighth Circuit · 1895
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