Rae v. The New York

U.S. Circuit Court for New York

Rae v. The New York

20 F. Cas. 165

DecidedJuly 1, 1854

StatusPublished

This text of 20 F. Cas. 165 (Rae v. The New York) is published on Counsel Stack Legal Research, covering U.S. Circuit Court for New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Rae v. The New York, 20 F. Cas. 165 (circtny 1854).

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Opinion

NELSON, Circuit Justice.

1. I concur with the court below, that upon the weight of the evidence there was no fault in the brig for not showing a light, for it is impossible to resist the conviction that there was one in the foierigging at the time.

2. I am satisfied also that the light could have been seen as well where it hung as if it had been twenty feet above the deck: and that even the state law furnishes no defence, if strictly applied. Sess. Laws 1830. c. 349. I think, also, the speed of the tug. under the circumstances, a fault on her part. 3 AY. Rob. Adm. 49. Decree affirmed.

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NELSON, Circuit Justice.

1. I concur with the court below, that upon the weight of the evidence there was no fault in the brig for not showing a light, for it is impossible to resist the conviction that there was one in the foierigging at the time.

2. I am satisfied also that the light could have been seen as well where it hung as if it had been twenty feet above the deck: and that even the state law furnishes no defence, if strictly applied. Sess. Laws 1830. c. 349. I think, also, the speed of the tug. under the circumstances, a fault on her part. 3 AY. Rob. Adm. 49. Decree affirmed.

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Bluebook (online)

20 F. Cas. 165, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rae-v-the-new-york-circtny-1854.