U.S. Court of Appeals for the Second Circuit, 1911

New York, O. & W. RY. CO. v. Cornell Steamboat Co.

New York, O. & W. RY. CO. v. Cornell Steamboat Co.
U.S. Court of Appeals for the Second Circuit · Decided December 11, 1911
193 F. 380; 113 C.C.A. 306; 1911 U.S. App. LEXIS 4786

New York, O. & W. RY. CO. v. Cornell Steamboat Co.

Opinion of the Court

PER CURIAM.

We agree with Judlge Hough for the reasons given by him that the respondent was solely at fault, and this whether the tow was hanging from Pier 1 straight down the river, as he found, or was swung in by the freshet current toward Pier A, as the respondent contended. It was not in a slip in either case but in waters which the fire boat had a right to use.

Decree affirmed, with interest and costs.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.