Atlas S. S. Co. v. La Campagnie Generale Transatlantique
Court of Appeals for the Second Circuit
These three appeals are from the decrees of the district court for the Southern district of New York, which dismissed three libels against the steamship Bourgogne, for damages arising from a collision. The first libel was by the owner of the injured vessel; the second was by one of her passengers; and the third was by the insurers and owners of her cargo.
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These three appeals are from the decrees of the district court for the Southern district of New York, which dismissed three libels against the steamship Bourgogne, for damages arising from a collision. The first libel was by the owner of the injured vessel; the second was by one of her passengers; and the third was by the insurers and owners of her cargo. The general facts in regard to the collision are accurately stated by Judge Brown, as follows (76 Fed. 868): The above libels were filed to recover damages for injuries arising from a collision between the steamships Bourgogne and Ailsa at a…
1Opinion of the CourtShipman, Circuit Judge
(after stating the facts as above). The questions in regard to the Bourgogne’s excessive speed, and her not having a proper lookout, and her not giving proper signals, and in regard to the Ailsa’s not giving the statutory signals, may be laid out of the cáse. The evidence is that each vessel did her duty, and complied with the statutes in these particulars. The two important questions in the case are whether the Ailsa was anchored in the channel way to the westward of the prescribed anchorage limits, and was, under the circumstances of the case, in an improper place, and whether the…
2Cases cited2 opinions
- The Clarita and the ClaraSupreme Court of the United States · 1875
- Jonathan Strout and Others, Libellants, &C. v. James Foster and Others, and Owners of the Ship LouisvilleSupreme Court of the United States · 1843
3Cited by17 opinions
- The City of NorfolkCourt of Appeals for the Fourth Circuit · 1920
- La BourgogneCourt of Appeals for the Second Circuit · 1905
- The MoheganCourt of Appeals for the Second Circuit · 1928
- The Southern CrossCourt of Appeals for the Second Circuit · 1937
- The PersianCourt of Appeals for the Second Circuit · 1910
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