The New York Central No. 12.
The New York Central No. 12.
Opinion of the Court
Several barges lay moored, one outside the other, at the south of Pier 22, Brooklyn, N. Y. The Nettie Petrie was the outer barge. Another tier lay a few feet nearer the outer end of the pier. Of the latter tier the barge Livingston was moored alongside the pier, and next to it lay the Lehigh Valley No. 40.
Recovery can be had only upon the theory that the tug was guilty of negligence. From the foregoing, it does not appear that the captain of the tug could reasonably have been expected to do more than he did. The authorities hold that the exercise of reasonable discretion of experienced navigators is áll that is required, coupled, of course, with an honest intent to do their duty. Nannie Lamberton, 85 Fed. 983, 29 C. C. A. 519; What happened was in the nature of an unavoidable action, for which the tug is not responsible.
The libel is dismissed.
Reference
- Full Case Name
- THE NEW YORK CENTRAL NO. 12
- Status
- Published