Carroll v. City of New York
Court of Appeals for the Second Circuit
Appeals from the District Court of the United States for the Southern District of .New York. Libel by Howard Carroll and another, executors of the estate of John II. Starin, deceased owner of the steamboat Haven, against the City of New York, together with a libel by such .respondent against, such libelants. From decrees for the City of New York, Howard Carroll and another appeal.
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Appeals from the District Court of the United States for the Southern District of .New York. Libel by Howard Carroll and another, executors of the estate of John II. Starin, deceased owner of the steamboat Haven, against the City of New York, together with a libel by such .respondent against, such libelants. From decrees for the City of New York, Howard Carroll and another appeal. A few only of the facts regarding this collision need statement as a basis for legal ruling: On a dark clear night, in the East River, with the tide strong flood, and a norihwosterly gale, the ferryboat Queens,…
1Opinion of the Court
HOUGH, Circuit judge
(after stating the facts as above). [1] The, findings below, to the effect that the Haven was exceeding the speed limit and not keeping in the middle of the channel, are supported by evidence, and we acquiesce in them. There was a violation of statutory requirements, and the burden of showing that such violation did not contribute to collision has not been borne; therefore the Haven must be held to liability.
[2, 3] The conduct of the Queens is sought to be justified under The Breakwater, 155 U. S. 252, 15 Sup. Ct. 99, 39 L. Ed. 139. That case does not mean nor say that a…
2Cases cited2 opinions
- The BreakwaterSupreme Court of the United States · 1894
- Hoboken Ferry Co. v. HallCourt of Appeals for the Second Circuit · 1898
3Cited by2 opinions
- Mrs. Edith Boudoin v. J. Ray McDermott & Company, Inc.Court of Appeals for the Fifth Circuit · 1960
- The HazeltonCourt of Appeals for the Second Circuit · 1921