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Jenks

54 F. 1021, 1893 U.S. Dist. LEXIS 34
District Court, N.D. New York·Decided March 16, 1893·Published·Cited by 17 cases

Opinion

COXE, District Judge.

The libelant, as owner of the canal boat J. A. Fassett, brings this action against the steam tug Jonty Jenks to recover for damages to the canal boat occasioned by the careless towing of the tug. On the 4th of November, 1889, the canal boat loaded with lumber was lyiug at the Albany basin lock. The tug undertook to tow her to a point below the lower railroad bridge at Albany, about a mile below the lock. In order to reach the Hudson river from the Erie canal it is necessary to pass through the upper end of the Albany basin and out between two piers, which are about 70 feet apart. The tug having lashed the canal boat to her port side started on her journey, but in passing through the cut she ran the port bow of the canal boat upon the south end of the northwest pier, causing the injury complained of. The pier or dock at the place of collision has been allowed to go to decay and is in a dilapidated condition. The situation can be fully appreciated by an examination of the following diagram:

[1022]

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Jenks, 54 F. 1021, 1893 U.S. Dist. LEXIS 34 (N.D.N.Y. 1893).

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