The Syracuse
U.S. Circuit Court for the District of Southern New York
[Appeal from the district court of the United States for the Southern district of New York.] This was a libel, in rem, filed in the district court, against the steamboat Syracuse, by the owner of a canal boat that was being towed by her from Albany to New York, to ”ecover for the damages sustained by the canal boat, by her coming in contact. while so being towed, with a brig which was at anchor near the Battery, at New York.
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[Appeal from the district court of the United States for the Southern district of New York.] This was a libel, in rem, filed in the district court, against the steamboat Syracuse, by the owner of a canal boat that was being towed by her from Albany to New York, to ”ecover for the damages sustained by the canal boat, by her coming in contact. while so being towed, with a brig which was at anchor near the Battery, at New York. The district court decreed for the libellant [Case No. S.OiiS], and the claimant appealed to this court.
1Opinion of the Court
NELSON. Circuit Justice.
One ground of defence set up is. that, by the contract of towage, it was agreed that the canal boat was to be towed by the steamer at her own risk. The answei to this is, that this contract does not exempt the steamboat from liability for damages caused to the canal boat by the negligence of those in charge of the steamboat.
On the question of negligence, the court oelow decided against the steamboat, in ac*594cordance, X think, with the weight of the evidence. The steamboat was making the circuit to get into the East river, the tide being ebb. The weight of the proof is,…
2Cited by10 opinions
- The OceanicaCourt of Appeals for the Second Circuit · 1909
- The Edmund L. LevyCourt of Appeals for the Second Circuit · 1904
- JenksDistrict Court, N.D. New York · 1893
- Castle v. The PackerU.S. Circuit Court for the District of Southern New York · 1886
- The M. J. CummingsDistrict Court, N.D. New York · 1883
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