The Swan
District Court, S.D. New York
This action was brought to recover damages for injuries to the canal-boat C. B. Simon, on the fifteenth day of July, 1881, on the west side of the Harlem river, at High bridge, caused through a line by which she was fastened having been cut by those in charge of the steam-launch Swan.
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This action was brought to recover damages for injuries to the canal-boat C. B. Simon, on the fifteenth day of July, 1881, on the west side of the Harlem river, at High bridge, caused through a line by which she was fastened having been cut by those in charge of the steam-launch Swan. The Simon had arrived at High bridge the day previous, loaded with coal, and moored on the west side of the river, along-side of the bulk-head which extends northerly from the westerly abutment along the shore, and 'which is on a line flush with the inner side of the abutment. The canal-boat lay with her bows to…
1Opinion of the CourtBrown, J.
There can be no doubt that the archway across which the line was stretched was the principal channel for navigation in the Harlem river, under High bridge. The landing at Riley’s float has been in use for many years. The course from that landing, through the middle archway, upon a flood tide, would be attended by such obvious inconvenience and dangers as cannot rightfully be imposed upon persons entitled to navigate the river in the ordinary course of navigation. The line stretched across the western archway was, therefore, in my judgment, plainly an unreasonable obstruction to tho navigation…
2Cases cited1 opinion
- The VancouverDistrict Court, D. Oregon · 1873
3Cited by2 opinions
- Blake v. United StatesDistrict Court, E.D. Virginia · 1960
- Cole v. AustinSupreme Court of Connecticut · 1928