U.S. Circuit Court for New York, 1854

Rae v. The New York

Rae v. The New York
U.S. Circuit Court for New York · Decided July 1, 1854 · Nelson
20 F. Cas. 165
Rae v. The New York

Opinion of the Court

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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