Legal Opinion

Cleary

Court of Appeals for the Second Circuit

Decided April 11, 1916No. 232PublishedCited by 3 opinions

Appeal from the District Court of the United States for the Eastern District of New York. Suit in admiralty for collision by Clarence E. Bleakley, owner of the barge U. H. No. 66, against the steam tug William E. Cleary, the Cornell Steamboat Company, claimant, and the steam tug Transfer No. 10, the New York, New Haven & Hartford Railroad Company, claimant, impleaded. Decree for libelant against the Cleary, and her claimant appeals.

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Appeal from the District Court of the United States for the Eastern District of New York. Suit in admiralty for collision by Clarence E. Bleakley, owner of the barge U. H. No. 66, against the steam tug William E. Cleary, the Cornell Steamboat Company, claimant, and the steam tug Transfer No. 10, the New York, New Haven & Hartford Railroad Company, claimant, impleaded. Decree for libelant against the Cleary, and her claimant appeals. This is an appeal from a decree in admiralty of the District Court entered on August 2, 1915, after a hearing upon a libel in rem. The occasion of the suit was…

1Opinion of the Court

LEARNED HAND, District Judge.

The important time in." this case was after the Transfer had cleared the Terry and caught sight of the Cleary below, her and on her starboard bow, up to which time the Transfer’s navigation could have no relation to the Cleary. Pier subsequent conduct must be judged by what appeared to her at that time. The District Judge has found that the case was not one of overtaking vessels, and we agree with him. So far as the Transfer could see, the case was one of special circumstances, and we find no fault in the navigation of the Transfer after that time. Her only…

2Cases cited1 opinion

  1. McCaldin v. Providence & S. Steamship Co.Court of Appeals for the Second Circuit · 1895

3Cited by3 opinions

  1. The Black DiamondCourt of Appeals for the Second Circuit · 1921
  2. Moran Towing & Transp. Co. v. United StatesDistrict Court, S.D. New York · 1948
  3. Rock Plaster Mfg. Co. v. DavisDistrict Court, E.D. New York · 1923

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