The John E. Berwind
Court of Appeals for the Second Circuit
Appeal from the.District Court of the United States for the Eastern District of New York. Ribel in admiralty by Robert Eorsyth and another against the steam tug John E. Berwind, her engines, etc., claimed by the Pennsylvania Railroad Company. . From a decree for libelants, claimant appeals.
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Appeal from the.District Court of the United States for the Eastern District of New York. Ribel in admiralty by Robert Eorsyth and another against the steam tug John E. Berwind, her engines, etc., claimed by the Pennsylvania Railroad Company. . From a decree for libelants, claimant appeals. In the early evening of a day apparently fair and calm the tug Berwind, with libelants’ scow Edna on her port side, endeavored to put that scow in the slip between Thirty-Sixth and Thirty-Seventh street, East River. The tug had come from Thirty-Second street, and, the tide being strong flood, she rounded…
1Opinion of the CourtHougpi, Circuit Judge
(after stating the facts as above). [1] That the tug scraped along, touching the boats (or some of them) lying one outside the other near the end of Thirty-Seventh street pier, is very likely; indeed, this ordinary harbor contact was intended. That the Edna touched the Price is more doubtful, and that any contact occurred as the Edna’s master says it did seems to us physically impossible.
The Edna projected considerably beyond the tug’s bow, and'she may have touched the Price; but the only result to the Price of whatever contact occurred was to “bulge in” her bustle strap “in the neighborhood…
2Cases cited1 opinion
- English v. The S. O. PierceDistrict Court, S.D. New York · 1889
3Cited by7 opinions
- M. P. Howlett Inc. v. the Tug DalzellidoDistrict Court, S.D. New York · 1971
- Schroeder v. Tug MontaukCourt of Appeals for the Second Circuit · 1966
- Alice Barge Co. v. Reading Co.District Court, E.D. New York · 1943
- Scholl v. Cornell Steamboat Co.District Court, E.D. New York · 1930
- Schroeder v. Tug MontaukCourt of Appeals for the Second Circuit · 1966
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