The Californie
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Southern District of New York. Ribel by A. J. & J. J. McCollum, Incorporated, and Christopher Fitzpatrick against the steamship Californie, her engines, etc., claimed by the Compagnie Générale Transatlantique, in which the steam tug John E. McAllister, her engines, etc., claimed by the McAllister Bros., was impleaded.
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Appeal from the District Court of the United States for the Southern District of New York. Ribel by A. J. & J. J. McCollum, Incorporated, and Christopher Fitzpatrick against the steamship Californie, her engines, etc., claimed by the Compagnie Générale Transatlantique, in which the steam tug John E. McAllister, her engines, etc., claimed by the McAllister Bros., was impleaded. From a decree in favor of libelant, which exonerated the steamship Californie, the claimants of the steam tug John E. Mc-Allister appeal. Suit grew out of a collision between tbe forward starboard side of tbe steamship…
1Opinion of the CourtHough, Circuit Judge
(after stating the facts as above). The reasons for collision, given by both sides, assert great negligence in the other party; the lower court found it impossible (as do we) to reconcile the two stories, and gave decision to the steamer, substantially on the ground that hers was the more inherently probable tale. The fog question is not, we think, of importance. By the steamer’s evidence alone it is shown that she had traveled from Quarantine to the point where she saw the tow in exactly an hour, a distance of quite 8 miles. She blew her fog whistle for the last time before any low was seen,…
2Cited by6 opinions
- The S. S. DeutschlandCourt of Appeals for the Second Circuit · 1937
- Tug New York Co. v. The Robin DoncasterDistrict Court, E.D. Pennsylvania · 1955
- California Transport Corp. v. United StatesDistrict Court, S.D. New York · 1961
- Lea River Lines, Inc. v. The VirginiaDistrict Court, W.D. Kentucky · 1949
- Farley v. Hamburg Amerikanische Packetfahrt Aktien-GesellschaftDistrict Court, S.D. New York · 1936
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