Long Island R. v. Killien
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Southern District of New York. This was a libel in personam by Mary Killien, as administratrix of Martin Killien, her husband, to recover damages under the New York statute for the death of the deceased, who was a fireman on the tugboat William II.
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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 personam by Mary Killien, as administratrix of Martin Killien, her husband, to recover damages under the New York statute for the death of the deceased, who was a fireman on the tugboat William II. Walker, on the afternoon of June 13, 1893, through an alleged negligent collision between the Walker, owned by the respondent Hyde, and the ferryboat Garden City, owned by the respondent the Long Island Railroad Company. The district court found that both vessels were in fault for the…
1Opinion of the Court
WALLACE, Circuit Judge.
We agree substantially with the opinion of the district judge in regard to the facts of the collision out of which this suit arises. The appellant’s ferryboat, the Carden City, had nearly overtaken the tng Walker, and was about to pass her on her port side, upon a course not more than one hundred feet away from her, when the tng, as she emerged from the eddy into the flood tide at Corlear’s Hook, lost control of her movements, and was swept by the strong current against the starboard side of the Garden City. That the tng was improperly navigated is clear. In rounding…
2Cases cited2 opinions
- Milwaukee & Saint Paul Railway Co. v. KelloggSupreme Court of the United States · 1877
- Lake v. Atlantic WorksMassachusetts Supreme Judicial Court · 1872
3Cited by26 opinions
- P. Dougherty Co. v. United States. P. Dougherty Co. v. United StatesCourt of Appeals for the Third Circuit · 1953
- Muller v. Globe & Rutgers Fire Ins. of New YorkCourt of Appeals for the Second Circuit · 1917
- The SyossetCourt of Appeals for the Second Circuit · 1934
- Navegacion Castro Riva v. the M.S. NordholmDistrict Court, E.D. Louisiana · 1959
- Luckenbach S. S. Co. v. United StatesCourt of Appeals for the Second Circuit · 1926
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