The America
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. [In admiralty. Libel by the Camden & Amboy Railroad Transportation Company, owner of the steam tug Fairfield, against the steam ferryboat America, owned by the Union Ferry Company. In the district court the libel was dismissed, with costs. The America, Case No. 281. Libelants appeal. Reversed.
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[Appeal from the district court of the United States for the southern district of New York. [In admiralty. Libel by the Camden & Amboy Railroad Transportation Company, owner of the steam tug Fairfield, against the steam ferryboat America, owned by the Union Ferry Company. In the district court the libel was dismissed, with costs. The America, Case No. 281. Libelants appeal. Reversed. This decree was reversed by the supreme court on appeal. 92 U. S. 432. See note at end of case. For the decree of this court on the question of damages, see The America, Case No. 2S5.]
1Opinion of the Court
WOODRUFF, Circuit Judge.
It cannot be denied that it was unsafe and improper, on the part of the captain, engineer and hands employed on the vessel of the libellants, the steamboat Fairfield, to leave her in sole charge of the pilot and assistant to the engineer, at the time they went to their supper. She had been at the Wallabout, on the southerly or Brooklyn side of the East river, had left her tow, and had come thence out into the river, and swung around, taking her course down the river, to go around the Battery, to her slip on the North river. It was about five o’clock in the evening, on…
2Cases cited2 opinions
- The " America."Supreme Court of the United States · 1876
- The AmericaDistrict Court, S.D. New York · 1869
3Cited by1 opinion
- The MonticelloDistrict Court, S.D. New York · 1883