Lombard v. The Rockaway

E.D. New York

Lombard v. The Rockaway

43 F. 688, 1890 U.S. Dist. LEXIS 222

District Court, E.D. New York·Decided October 1, 1890·Published

Opinion

Benedict, J.

The collision which gave rise to .this suit was, in my opinion, caused by the fault of the tug in backing directly under the bows of the steam-boat, then approaching in plain sight, without any signal having been given the steam-boat to show an intention on the part of the tug to back across her bow. I see no fault on the part of the steam-boat. There was no time after the intention of the tug to cross the bows of the steam-boat was manifest for the steamer to do more than she did. The libel against the Rockaway must be dismissed, and in the action against the Seaboard there must be a decree for the libelant, with an order of reference.

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Benedict, J.

The collision which gave rise to .this suit was, in my opinion, caused by the fault of the tug in backing directly under the bows of the steam-boat, then approaching in plain sight, without any signal having been given the steam-boat to show an intention on the part of the tug to back across her bow. I see no fault on the part of the steam-boat. There was no time after the intention of the tug to cross the bows of the steam-boat was manifest for the steamer to do more than she did. The libel against the Rockaway must be dismissed, and in the action against the Seaboard there must be a decree for the libelant, with an order of reference.

Lombard v. The Rockaway, 43 F. 688, 1890 U.S. Dist. LEXIS 222 (E.D.N.Y. 1890).

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