The Procida
District Court, S.D. New York
In Admiralty. Suit by the Navigazione Generate Italiana against Edward M. Timmins and the tugs McCaldin Bros, and Edward G. Murray for collision with the Procida. The libel is for a collision between the Procida, while in tow of three tugs, and certain barges alongside the steamer Winnebago in tbe Erie Basin.
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In Admiralty. Suit by the Navigazione Generate Italiana against Edward M. Timmins and the tugs McCaldin Bros, and Edward G. Murray for collision with the Procida. The libel is for a collision between the Procida, while in tow of three tugs, and certain barges alongside the steamer Winnebago in tbe Erie Basin. Tbe Procida had been in dry dock and was without steam; she wished to go to her berth in the North River, and for that purpose she called up the respondent Timmins and asked to be taken by tug§ from the Basin to her destination. Timmins sent his own tug, the J. J. Timmins, and hired the…
1Opinion of the CourtLearned Hand, District Judge
(after stating the facts as above). [1] It is the universal testimony in the case that proper navigation under the circumstances was for the Murray to act as rudder for the ship and hang on at the rear on a hawser till the flotilla had emerged from the Gap. Even Delamater, the Murray’s captain, admits this,- and gives as his excuse only his orders from Keene. The failure to observe this method was the direct cause of the collision, and in my judgment the sole cause, and those tugs which shared in it are certainly at fault. The Murray’s fault is the most obvious, because she was clearly out of…
2Cases cited7 opinions
- The ChinaSupreme Court of the United States · 1869
- Homer Ramsdell Transportation Co. v. La Compagnie Générale TransatlantiqueSupreme Court of the United States · 1901
- The BarnstableSupreme Court of the United States · 1901
- The W. G. MasonCourt of Appeals for the Second Circuit · 1905
- The AnthraciteCourt of Appeals for the Second Circuit · 1909
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- The BeavertonDistrict Court, S.D. New York · 1919
- The StellaCourt of Appeals for the Fifth Circuit · 1922
- Rice v. The Marion A. C. MeseckCourt of Appeals for the Second Circuit · 1945
- United States v. Port of PortlandCourt of Appeals for the Ninth Circuit · 1924