Legal Opinion

The Islander

Court of Appeals for the Second Circuit

Decided March 12, 1907No. Nos. 155, 156PublishedCited by 11 opinions

Appeal from the District Court of the United States fot the District of New York. This cause comes here upon appeal from two decrees of the District Court, Southern District of New York, holding the ferryboat Philadelphia solely in fault for a collision which occurred about 8 a. m. January 4, 1906, in the North river between the ferryboat and the steam lighter Islander.

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Appeal from the District Court of the United States fot the District of New York. This cause comes here upon appeal from two decrees of the District Court, Southern District of New York, holding the ferryboat Philadelphia solely in fault for a collision which occurred about 8 a. m. January 4, 1906, in the North river between the ferryboat and the steam lighter Islander. The collision took place about 500 feet or more off the Hamburg-American piers at Hoboken, N. J. The ferryboat was bound from the slip at the Pennsylvania Railroad station in Jersey City to Twenty-Third street, New York. The…

1Opinion of the CourtLacombe, Circuit Judge

(after stating the facts). The district judge did not discuss the conflicting testimony nor express any opinion as to the navigation of the respective vess’els, otherwise than to hold that the narrow channel rule (article 25, Act June 7, 1897, c. 4, 30 Stat. 101 [U. S. Comp. St. 1901, p. 2883]) applied, and that the ferryboat violated it by not navigating to the starboard side of the fairway or midchannel.

We have recently had occasion to discuss the applicability of the narrow channel rule in two different cases. The Bee and The Booth, 138 Fed. 303, 70 C. C. A. 593, and Rose v. The Benjamin…

2Cases cited5 opinions

  1. Hamilton v. KingCourt of Appeals for the Second Circuit · 1891
  2. The BeeCourt of Appeals for the Second Circuit · 1905
  3. The Benjamin FranklinCourt of Appeals for the Second Circuit · 1906
  4. The Alfred W. BoothDistrict Court, S.D. New York · 1903
  5. Canton Ins. v. of the VictoryCourt of Appeals for the Fourth Circuit · 1895

3Cited by11 opinions

  1. The La BretagneCourt of Appeals for the Second Circuit · 1910
  2. The No. 4Court of Appeals for the Second Circuit · 1908
  3. Mexican Petroleum Corp. v. Doane Towboat Co.Court of Appeals for the First Circuit · 1932
  4. The Anglo-Saxon Petroleum Co., Ltd. Of London, England, Owner of M/s Goldshell, Libellant-Appellee v. United States of America, United States of America, as Owner of the S.S. White Plains, Cross-Libellant-Appellant v. The M/s Goldshell, Her Engines, Boilers, Tackle, Etc., Cross-Respondent-AppelleeCourt of Appeals for the Second Circuit · 1955
  5. Tempest v. United StatesDistrict Court, E.D. Virginia · 1967

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