The Rhein
Court of Appeals for the Second Circuit
These causes come here upon appeals from decrees of the District Court, Southern District of New York, which held the Hamburg-American Dine solely liable for damages sustained by three barges, which lay at the end of the Hamburg pier No. 1, Hoboken, N. J., by collision with the North German Lloyd steamship Rhein. The pier in question was the upper one of three occupied by the Hamburg Line.
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These causes come here upon appeals from decrees of the District Court, Southern District of New York, which held the Hamburg-American Dine solely liable for damages sustained by three barges, which lay at the end of the Hamburg pier No. 1, Hoboken, N. J., by collision with the North German Lloyd steamship Rhein. The pier in question was the upper one of three occupied by the Hamburg Line. Between 10 a. m. and the time of collision, 12:20 p. m., the latter company had shifted four barges from the slip between piers 2 and 3 to make room for a ship sailing from pier 3 at 5 p. m. There was room…
1Opinion of the CourtLacombe, Circuit Judge
(after stating the facts as above). [1] Whether these four barges were tied up where they were with or without sufficient excuse, they certainly constituted no hidden peril. Neither the darkness of night, nor fog, nor falling rain or snow obscured them from an approaching vessel till she was almost upon them. It was broad daylight, and they were visible (and were seen) far enough off to advise such vessel of their whereabouts, that they were not navigating, and that if she undertook to pass them she must do so without any assistance from them.
The Rhein was, therefore, fully advised of the…
2Cases cited1 opinion
- The KennebecDistrict Court, E.D. New York · 1900
3Cited by5 opinions
- The New York Central No. 18Court of Appeals for the Second Circuit · 1919
- Wright & Cobb Lighterage Co. v. New England Navigation Co.Court of Appeals for the Second Circuit · 1913
- The StadaconaCourt of Appeals for the Sixth Circuit · 1917
- Conway Bros. v. New York Cent. R.Court of Appeals for the Second Circuit · 1933
- The Hendrik HudsonCourt of Appeals for the Second Circuit · 1914