The Columbia
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Southern District of New York. Libel in admiralty by the United States against the steamtug Columbia and dumper scow No. 28; the Coastwise Dredging Company, claimant. Decree for claimant, and the United States appeals.
Read the full summary
Appeal from the District Court of the United States for the Southern District of New York. Libel in admiralty by the United States against the steamtug Columbia and dumper scow No. 28; the Coastwise Dredging Company, claimant. Decree for claimant, and the United States appeals. Action was brought to recover (as liens upon the boats proceeded against) tho penalties provided by the Act o£ June 29, 1888, c. 496, § 3, 25 Stat 209, as amended August .18, 1894 (28 Stat. 360, e. 299, § 3 [U. S. Comp. Stat. § 99351), for illegally dumping material laden on scow No. 28, which was towed out of New York…
1Opinion of the CourtHough, Circuit Judge
(after stating tire facts as above). It is no longer open to doubt that by the legislation above referred to the refuse of New York City, when dumped in the ocean, is unlawfully disposed of, unless deposited within the limits defined and prescribed by the supervisor of the harbor. Randall v. United States, 107 Fed. 935, 47 C. C. A. 80; Jaycox v. United States, 107 Fed. 938, 47 C. C. A. 83. It does not follow that every deposit beyond the lawful limits entails punishment or penalty. The excuses' advanced may be sufficient to avoid even pecuniary loss by the owners- of tug or scow *517or both; but…
2Cases cited6 opinions
- Long Island R. v. KillienCourt of Appeals for the Second Circuit · 1895
- Muller v. Globe & Rutgers Fire Ins. of New YorkCourt of Appeals for the Second Circuit · 1917
- The J. Rich SteersCourt of Appeals for the Second Circuit · 1915
- Jaycox v. United StatesCourt of Appeals for the Second Circuit · 1901
- Randall v. United StatesCourt of Appeals for the Second Circuit · 1901
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Cranberry Creek Coal Co. v. Red Star Towing & Transp. Co.Court of Appeals for the Second Circuit · 1929
- The ColomboCourt of Appeals for the Second Circuit · 1930
- SellsCourt of Appeals for the Second Circuit · 1937
- United States v. BoulderDistrict Court, W.D. Louisiana · 1964
- The WatuppaDistrict Court, S.D. New York · 1937