The W. N. Bavier
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Southern-District of New York. This cause comes here upon appeals from a decree of the District Court, .’Southern District of New York, which held both vessels in fault for a collision between the Whitney and libelant’s canal boat Emergency, in tow of the Bavier, which happened in the East river opposite Wallabout Bay, and to the south of Corlear’s Hook, August 16,1904, at about 6 p, m.
1Opinion of the Court
LACOMBE, Circuit Judge.
The Bavier had four boats in tow, made up in two tiers astern on a hawser of about 100 feet; the Emer*971gency being tlie port boat on the second tier. The entire distance from the tug’s bow to the last boat was about 380 feet. As we have already held in The A. W. Booth, 138 Fed. 303, 70 C. C. A. 593, no fault can be charged against the Bavier because of the length of her tow; but she was bound to navigate with a degree of care commensurate with the risk thereby incurred. All the boats in the tow were light. They had no steering apparatus of their own, but were dependent on…
2Cases cited2 opinions
- The BeeCourt of Appeals for the Second Circuit · 1905
- Kennedy v. Steamer SarmatianU.S. Circuit Court for the District of Maryland · 1880
3Cited by2 opinions
- The Bay StateDistrict Court, S.D. New York · 1907
- O'Boyle v. Long Island R. R.District Court, E.D. New York · 1930