The Washington Irving
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Southern District of New York. Suit in admiralty for collision by the George M. Morrell Company against the steamer Washington Irving, the Hudson River Day Dine, claimant, with the steam tug Ellen M. Ronan, the Cornell Steamboat Company, claimant, impleaded. Decree for libelant against both vessels, and claimant of the Ronan appeals.
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Appeal from the District Court of the United States for the Southern District of New York. Suit in admiralty for collision by the George M. Morrell Company against the steamer Washington Irving, the Hudson River Day Dine, claimant, with the steam tug Ellen M. Ronan, the Cornell Steamboat Company, claimant, impleaded. Decree for libelant against both vessels, and claimant of the Ronan appeals. Libelant owns the barge Percy, which was the after boat in a tandem tow of two, in charge oT the tug Ronan, and bound up the Hudson river. The Percy, as the after boat, was lightly laden; the hawser…
1Opinion of the CourtHough, Circuit Judge
(after stating the facts as above). [1] If the displacement waves of the Irving had not disturbed the smooth surface of the river, we cannot doubt that no damage would have occurred, when and where it did. That the action of the passing steamer solely caused the injury, was duly found below; and the only question argued here was whether any fault on the tug’s. part contributed thereto. Our investigation of the record persuades us that there was evidence tending to support a conclusion of contributory fault on the steamer’s part, and (in the absence of argument on any other point) we shall…
2Cited by5 opinions
- Canadian Aviator, Ltd. v. United StatesSupreme Court of the United States · 1945
- Acktieselskabet Bolgen v. McWilliams Bros.Court of Appeals for the Second Circuit · 1924
- The PortchesterCourt of Appeals for the Second Circuit · 1927
- Dufrene v. The Tug DiversityDistrict Court, E.D. Louisiana · 1958
- Canadian Aviator v. United StatesCourt of Appeals for the Third Circuit · 1944