Brown v. West Brooklyn
Court of Appeals for the Second Circuit
In Admiralty. Appeal from a decree of the circuit court of the United States for the southern district of New York. The district court for said district dismissed the libel, (45 Fed. Rep. 60,) and libelant appealed to the circuit court, which affirmed pro forma the decree of the district court, and libelant appealed to this court. The ferry-boat West Brooklyn was entering her slip between piers 2 and 3, East river.
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In Admiralty. Appeal from a decree of the circuit court of the United States for the southern district of New York. The district court for said district dismissed the libel, (45 Fed. Rep. 60,) and libelant appealed to the circuit court, which affirmed pro forma the decree of the district court, and libelant appealed to this court. The ferry-boat West Brooklyn was entering her slip between piers 2 and 3, East river. The pilot of the ferry-boat had previously observed the tug R. S. Garrett backing towards the slip, and had given her two whistles to indicate that the ferry-boat would go astern…
1Per curiam
We think the collision in this case is to be attributed solely to the fault of the tug. The ferry-boat was excusable in not discovering the tug before she did, and when she did discover her it was too late to reverse without danger of injury to the tug, more by doing so than by proceeding with her engines stopped. As soon as she did discover the tug, she gave proper signals to indicate her approach, and immediately followed them with danger signals. If those in charge of the tug had been reasonably vigilant they would have observed the ferryboat, even before she gave the signals; and there…
2Cited by1 opinion
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