The Victoria
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Southern District of New York. These three causes come here upon appeal from decrees of the district court, Southern district of New York, holding the tugs Victoria, Pocahontas, and Komuk liable for damages received by certain canal boats in tow of the tugs in a storm on August 29, 1893, in the Hudson river, about off Tarrytown.
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Appeal from the District Court of the United States for the Southern District of New York. These three causes come here upon appeal from decrees of the district court, Southern district of New York, holding the tugs Victoria, Pocahontas, and Komuk liable for damages received by certain canal boats in tow of the tugs in a storm on August 29, 1893, in the Hudson river, about off Tarrytown. The tow, consisting of 28 loaded canal boats in 7 tiers, left Albany on the evening of the 27th, crossed Newburgh Bay on the afternoon of the 28th, and between 9 and 10 p. m. of the same day had reached the…
1Opinion of the Court
LACQ1JBE, Circuit Judge.
Several of the witnesses, including some of the more important ones, gave their testimony in the presence .of the district judge, and in such cases this court, for reasons which have been frequently given, rarely disturbs the findings of fact. This case, however, presents exceptional circumstances. It seems quite apparent from the opinion that in finding (hat the tugs did not use the reasonable caution required of them the court gave much weight to the fact that storm signals had been displayed at the barge office in this city, and was largely influenced by the…
2Cases cited2 opinions
- The BordentownDistrict Court, S.D. New York · 1889
- Sewall v. La ChampagneCourt of Appeals for the Second Circuit · 1894
3Cited by8 opinions
- In Re Good Hope Refineries, Inc.United States Bankruptcy Court, D. Massachusetts · 1981
- Shamrock Towing Co. v. Cornell Steamboat Co.Court of Appeals for the Second Circuit · 1932
- The SalutationDistrict Court, S.D. New York · 1916
- Milmine Bodman & Co. v. Empire Canal Corp.Court of Appeals for the Second Circuit · 1931
- The W. N. BavierDistrict Court, S.D. New York · 1924
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