Bouker v. The Delaware
U.S. Circuit Court for the District of Southern New York
[Appeal from the district court of the United States for the Southern district of New York. [This was a libel by John A. Bouker against the steam ferry boat Delaware.
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[Appeal from the district court of the United States for the Southern district of New York. [This was a libel by John A. Bouker against the steam ferry boat Delaware. Prom a judgment dismissing the libel (Case No. 18,243), libelant appeals.] Facts Found by the Court (1) On the 4th of September, 1873, between. 10 and 11 o’clock in the forenoon, the steam ferryboat Delaware was proceeding on one-of her regular trips from Pavonia, N. J., across the Hudson river, to her slip at the foot of Chambers street in the city of New York. (2) At the same time the scow or-float “N—8,” owned by the libelant…
1Opinion of the Court
WAITE, Circuit Justice.
The principal defense relied on by the claimant is that a sloop beating down the river, and running out her starboard tack toward New York, while attempting to come about on her port tack, missed stays, “and suddenly and unex*971pectedly her bow fell off to leeward and filled away toward the New- York shore, causing her to head down the river and directly in the course of the Delaware.” It is then alleged that on this course the sloop would have run into the Delaware, and endangered the lives of the passengers on board. For this reason, and to avoid such a collision, the…
2Cited by1 opinion
- The SurfDistrict Court, S.D. New York · 1904