The R. B. Little
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Southern District of New York. On appeal from the District Court of the United States for the Southern District of New York holding the tug Tittle in_ fault for damages sustained by the libelant’s boat No. 23, while being towed from Elizabethport, N. J., to Ninety-Sixth street, East River. The damages were fixed at $1,01 T
1Opinion of the Court
COXE, Circuit Judge.
The negligence alleged in the libel was that the tug “run the said barge No. 23 over what is known as the Tenth Street buoy at about 9 a. m. o’clock of the day aforesaid, resulting in damage to the bottom of said barge, causing her to leak.” The District Judge was in grave doubt upon the following questions of fact:
First.—Did the barge run over the Tenth Street buoy?
Second.—If so, was she damaged by so doing?
Admitting that it was a “very puzzling case” and that he could not understand how the injury happened even if the barge had gone over the buoy, he found for the…
2Cases cited1 opinion
- The Ellen McGovernDistrict Court, S.D. New York · 1886
3Cited by5 opinions
- Stevens v. the White CitySupreme Court of the United States · 1932
- Aldrich v. Pennsylvania R.Court of Appeals for the Second Circuit · 1918
- The White CityCourt of Appeals for the Second Circuit · 1931
- The Maurice R.District Court, E.D. New York · 1932
- The Sea KingDistrict Court, D. Massachusetts · 1919