Legal Opinion

The Lyndhurst

District Court, S.D. New York

Decided March 14, 1899PublishedCited by 18 opinions

These were libels, respectively, by John O’Brien and Edward Montgomery against the steam tugs Lyndhurst and Andrew J. White for damages for collision.

1Opinion of the Court

BBOWN, District Judge.

I do not see sufficient reason for changing the former decisions in these canses.

1. I cannot relieve the tug White from responsibility for failure to have a lookout at the bow of the float which projected about 100 feet beyond the tug. The man stationed 100 feet inore or less, aft on the iloat nearly abreast of the tug’s pilot house, in order to communicate the necessary orders of navigation to the wheelsman on the tug, was the responsible person in charge of the navigation. The authorities are Ml of cases insisting on the necessity of a lookout, having no ocher duties…

2Cases cited2 opinions

  1. The PennsylvaniaSupreme Court of the United States · 1874
  2. Hardy v. The RaleighU.S. Circuit Court for the District of Southern New York · 1890

3Cited by18 opinions

  1. Canadian Aviator, Ltd. v. United StatesSupreme Court of the United States · 1945
  2. The Lizzie M. WalkerCourt of Appeals for the Fourth Circuit · 1925
  3. The TillicumDistrict Court, W.D. Washington · 1914
  4. The New York Central No. 18Court of Appeals for the Second Circuit · 1919
  5. The Norwich VictoryDistrict Court, E.D. Pennsylvania · 1948

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