Legal Opinion

The Morristown

Court of Appeals for the Second Circuit

Decided January 18, 1922No. 29PublishedCited by 13 opinions

Appeal from the District Court of the United States for the Southern District of New York. Libel in admiralty by the Central Railroad Company of New Jersey against the steam tug Morristown, of which the Delaware, Lackawanna '& Western Railroad Company wa"s. claimant, in. which the claimant impleaded the steam tug Flemington. From a decree dismissing the libel, libelant appeals.

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Appeal from the District Court of the United States for the Southern District of New York. Libel in admiralty by the Central Railroad Company of New Jersey against the steam tug Morristown, of which the Delaware, Lackawanna '& Western Railroad Company wa"s. claimant, in. which the claimant impleaded the steam tug Flemington. From a decree dismissing the libel, libelant appeals. The Central Railroad Company, as owner of Tighter No. 118, filed libel against the steam tug Morristown, to recover damages for a collision on December 26, 1916, at about 4.:30 A. M. in the East River, New York,…

1Opinion of the CourtHough, Circuit Judge

(after stating the facts as above). We find the following facts: At about 5 a. m. on 'December 22d, the Morris-town, with float No. 32 loaded with cars in tow on her starboard side, left the float bridges of the Delaware, Uackawanna & Western Railroad Company at Jersey City, bound for Brooklyn. The cars on float No. 32 were lower than the pilot house of the Morristown, but nevertheless the mate of the Morristown took position as lookout on top of a box car at the starboard forward end of float No. 32. The tug and her tow proceeded down the North River to go around, the Battery and up the East…

2Cases cited4 opinions

  1. McCaffrey v. The Clara & The RelianceCourt of Appeals for the Second Circuit · 1893
  2. The NewburghCourt of Appeals for the Second Circuit · 1921
  3. The HokendauquaDistrict Court, D. New York · 1919
  4. The New York Central No. 17Court of Appeals for the Second Circuit · 1919

3Cited by13 opinions

  1. P. Dougherty Co. v. United States. P. Dougherty Co. v. United StatesCourt of Appeals for the Third Circuit · 1953
  2. Construction Aggregates Co. v. Long Island R. Co.Court of Appeals for the Second Circuit · 1939
  3. The SyossetCourt of Appeals for the Second Circuit · 1934
  4. The Socony No. 19Court of Appeals for the Second Circuit · 1928
  5. Mesick & Mesick Transp. Co. v. New York, N. H. & H. R.District Court, E.D. New York · 1926

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