Legal Opinion
The Luzerne
Court of Appeals for the Second Circuit
Decided November 7, 1907No. 37PublishedCited by 2 opinions
Appeal from the District Court of the United States for the Southern District of New York, in Admiralty.
1Per curiam
We have examined the record with care, and find no reason to differ with the conclusion reached by the district judge. We do not think the accident inevitable in the strict legal sense, but unavoidable, so far as the Luzerne is concerned. The great preponderance of testimony points to the schooner as the overtaking vessel, and therefore required by rule 22 [U. S. Comp. St. 1901, p. 2898] to keep out of tile way of the tug. The Helen Hasbrouck (C. C.) 29 Fed. 463.
Her action precipitated a situation of peril, which resulted in the sinking of the Daly; but we think the Luzerne met the exigencies…
2Cases cited3 opinions
- The OregonSupreme Court of the United States · 1895
- Orchard v. AlexanderSupreme Court of the United States · 1895
- Soper v. PareisDistrict Court, E.D. New York · 1886
3Cited by2 opinions
- The James McWilliamsCourt of Appeals for the Second Circuit · 1909
- The KennebecDistrict Court, S.D. New York · 1908