Legal Opinion

The Emeline

Court of Appeals for the Second Circuit

Decided December 12, 1916No. 93Published

Appeal from the District Court of the United States for the Southern District of New York. Suit in admiralty for collision by the F. W. Jarvis Company against the steamer Emeline; David C. Woolsey, claimant. Decree for libel-ant, and claimant appeals. The decree holding the steamer Emeline at fault for the collision which occurred between her and the canal boat Oneida on the morning of October 3, 1914, a dense fog prevailing at the time.

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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 F. W. Jarvis Company against the steamer Emeline; David C. Woolsey, claimant. Decree for libel-ant, and claimant appeals. The decree holding the steamer Emeline at fault for the collision which occurred between her and the canal boat Oneida on the morning of October 3, 1914, a dense fog prevailing at the time. The collision occurred in Haverstraw Bay, Hudson river, just north of Bowlines Point.

1Opinion of the Court

COXE, Circuit Judge.

On October 3, 1914, the'steam canal boat Tuscarora, with four other canal boats in tow, was proceeding up the Hudson river, the steamer pushing the other boats before her. The extreme length of the flotilla was about 250 feet. At 1:30 a. m., the weather became so foggy that the Tuscarora brought the boats to anchor on the westerly side of the Hudson not far from Bowlines Point. The Emeline, which collided with the canalboat, is a small side wheel steamer about 172 feet in length and was engaged in local trade between Plaverstraw and Newburgh.

The Oneida was struck by the…

2Cases cited2 opinions

  1. The StrathlevenCourt of Appeals for the Fourth Circuit · 1914
  2. In re Grand MananDistrict Court, D. Maine · 1913

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