City of New York v. New York & E. R. Ferry Co.
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Southern District of New York. Appeal from a final decree of the District Court for the Southern District of New York dismissing the libel of the city of New York, brought to' recover damages for injuries received by the libelant’s steamer Fidelity in a collision with the respondent’s ferryboat Steinway, near her slip at Astoria, East River. The testimony was all taken in the presence of the judge.
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Appeal from the District Court of the United States for the Southern District of New York. Appeal from a final decree of the District Court for the Southern District of New York dismissing the libel of the city of New York, brought to' recover damages for injuries received by the libelant’s steamer Fidelity in a collision with the respondent’s ferryboat Steinway, near her slip at Astoria, East River. The testimony was all taken in the presence of the judge. The opinion below is reported in 130 Eed. 397.
1Opinion of the Court
COXE, Circuit Judge.
The collision occurred near- the Astoria Ferry slip at half past 12 on the afternoon of October 22, 1902. The day was clear, the tide ebb, the wind fresh from the southwest. The Fidelity, bound down the river through the western channel between New York and Blackwell’s Island, rounded Hallett’s Point only 50 feet from the shore, proceeding at the rate of about 10 miles an hour. At this time the Steinway was emerging from her slip intending to make a trip to New York. Her speed was about 8 miles an hour. The rules applicable to this situation are as follows:
“Art. 19. When…
2Cases cited1 opinion
- The BreakwaterSupreme Court of the United States · 1894
3Cited by4 opinions
- Soeller v. New York Canal & Great Lakes Corp.Court of Appeals for the Second Circuit · 1932
- The Bay StateDistrict Court, S.D. New York · 1907
- The New HampshireCourt of Appeals for the Second Circuit · 1905
- WillardCourt of Appeals for the Second Circuit · 1916