Tooker v. Philadelphia & R. Ry. Co.
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 decrees of the District Court which held the steamtug Carlisle solely responsible for the damages resulting from a collision between one of her tow, the barge Oak Hill and the schooner Gladys.
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Appeal from the District Court of the United States for the Southern District of New York. This cause comes here upon appeals from decrees of the District Court which held the steamtug Carlisle solely responsible for the damages resulting from a collision between one of her tow, the barge Oak Hill and the schooner Gladys. The opinion of the District Judge is reported in 135 Fed. 601. The following excerpts therefrom set forth the circumstances attending collision: “The Oak Hill was being towed, in company with two other barges, the Phenix and Buck Ridge, by the tug Carlisle from Philadelphia…
1Per curiam
The twentieth rule provides that:
“If two vessels, one of which is a sail vessel and the other a steam vessel are proceeding in such directions as to involve risk of collision, the steam vessel shall keep out of the way of the sail vessel.” Act Aug. 19, 1890, c. 802, 20 Stat. 320 et seq. [U. S. Comp. St. 1901, p. 2870.]
That the directions in which these vessels were proceeding involved risk of collision is manifest from the event. The steam vessel — for the tug and barges for purposes of navigation with reference to others are to be regarded as a single vessel — was one of enormous…
2Cases cited2 opinions
- The BeeCourt of Appeals for the Second Circuit · 1905
- Moseley v. SlomanCourt of Appeals for the Second Circuit · 1904
3Cited by8 opinions
- The Anna W.Court of Appeals for the Second Circuit · 1912
- Maryland ex rel. Dawson v. Standard Oil Co. of New JerseyDistrict Court, D. Maryland · 1925
- The Mary E. MorseDistrict Court, D. Massachusetts · 1908
- The PocohuntasDistrict Court, S.D. New York · 1914
- The UmbriaCourt of Appeals for the Second Circuit · 1907
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