Hamilton v. King
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Southern District of New York. In Admiralty. Libel by David M. Hamilton and another against the ferry-boat John King and others to recover for damages to the propeller Thomas McManus, sustained in collision. Decree for libelants. Both parties appeal.
Read the full summary
Appeal from the District Court of the United States for the Southern District of New York. In Admiralty. Libel by David M. Hamilton and another against the ferry-boat John King and others to recover for damages to the propeller Thomas McManus, sustained in collision. Decree for libelants. Both parties appeal. Rev. St. U. S. § 4233, provides as follows: “Rule 19. If two vessels under steam are crossing so as to involve risk of collision, the vessel which has the other on her own starboard side shall keep out of the way of the other. ” “Rule 21. Every steam vessel, when approaching another…
1Opinion of the Court
Wallace, Circuit Judge.
The merits of this cause are involved in an irreconcilable conflict of testimony, and the only facts thatare conclusively established by the proofs are that on the evening of December 5, 1888, a collision took place in the Hudson river between the propeller Thomas McManus and the ferry-boat John King, both steam-vessels; that the'collision took place near the middle of the river, off below Twenty-Third street, and above Twenty-First street; that the lights of each vessel were properly set and burning; that the weather was fair and the tide was at the last of the ebb;…
2Cases cited2 opinions
- The St. JohnU.S. Circuit Court for the District of Southern New York · 1870
- The CometU.S. Circuit Court for the District of Northern New York · 1872
3Cited by23 opinions
- Postal SS Corp. v. El IsleoSupreme Court of the United States · 1940
- The FultonCourt of Appeals for the Second Circuit · 1931
- The BellhavenCourt of Appeals for the Second Circuit · 1934
- Cramer v. ClancyCourt of Appeals for the Second Circuit · 1898
- The CygnusCourt of Appeals for the Second Circuit · 1905
18 more not listed; retrieve them via the Exa API.